in Re Attorney Fees of John W Ujlaky
332914
| Mich. Ct. App. | Aug 22, 2017Background
- John W. Ujlaky was appointed appellate counsel for Jodi Doezema after her no-contest pleas to embezzlement and uttering; she received lengthy prison terms and ordered restitution of $495,278.19.
- Ujlaky filed a delayed application for leave to appeal, which this Court denied; he then submitted a MAACS Statement and requested $1,438.70 (29.1 hours × $45/hr = $1,309.50 in fees plus $129.20 expenses).
- Ottawa County’s flat maximum fee for appeals involving plea agreements is $500; Ujlaky argued he was entitled to the additional (extraordinary) fees because he actually spent 29.1 hours and provided an itemized billing statement.
- The trial court awarded the $129.20 in expenses and the $500 maximum in fees, finding 11.11 hours reasonable and deeming the remaining time excessive, redundant, and unnecessary; it applied MRPC 1.5(a) factors and Smith v Khouri to deny an upward departure.
- Ujlaky appealed the denial of extraordinary fees; the Court of Appeals reviewed for abuse of discretion and affirmed, holding the trial court properly calculated the starting fee and reasonably applied the adjustment factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in denying extraordinary fees above county $500 cap | Ujlaky: actual time (29.1 hrs) and itemization show good cause for additional payment | People/Ottawa County: county maximum applies; excess hours were unreasonable and should be denied | Court affirmed: trial court did not abuse discretion; 11.11 hrs at $45/hr is reasonable starting point and no upward departure warranted |
Key Cases Cited
- In re Foster Attorney Fees, 317 Mich App 372 (recognizing continued requirement of reasonable compensation for appointed appellate counsel)
- Recorder’s Court Bar Ass’n v. Wayne Circuit Court, 443 Mich 110 (1993) (assigned counsel have statutory right to compensation)
- Adair v. Michigan, 301 Mich App 547 (2013) (party seeking fees bears burden to prove reasonableness)
- Smith v. Khouri, 481 Mich 519 (2008) (set methodology: customary rate × reasonable hours as starting point; then adjust using other factors)
- Wood v. Detroit Auto Inter-Ins Exch, 413 Mich 573 (1982) (factors for reasonableness later referenced in MRPC 1.5(a))
- Ronnisch Constr. Group, Inc. v. Lofts on the Nine, 499 Mich 544 (2016) (abuse-of-discretion standard explained)
- Grant v. AAA Michigan/Wisconsin, Inc., 272 Mich App 142 (2006) (acceptance of appointed case can waive challenge to agreed hourly rate)