Sent the following message to Reps. Hill-Smith, McConnell and Morigeau on House Judiciary this morning:
Missoula County opposes HB 165 - Revise punitive damages laws, being heard this morning in House Judiciary. Subsection II amends §27-1-221(8) to require a defendant to pay punitive damages to the clerk of district court and for the clerk to allocate 35 percent to the plaintiff, 5 percent to plaintiff’s attorney and 60 percent to the state treasurer to be deposited into the public defender account. The Clerk of Court case management system is not designed to calculate percentage disbursements. This would have to be done manually which places liability for error on the clerk. Additionally, clerks release deposited funds in civil matters only upon order of the Court. This deviation from the standard practice also presents potential for an oversight in disbursing funds. It is also unclear whether the full award must be deposited before funds are disbursed or if they are to be disbursed as payments are received.
Sending the following to MC Reps on the floor today:
Missoula County opposes HB 165 - Revise punitive damages laws, on the House floor this afternoon. Subsection II amends §27-1-221(8) to require a defendant to pay punitive damages to the clerk of district court, and for the clerk to allocate 35 percent to the plaintiff, 5 percent to plaintiff’s attorney and 60 percent to the state treasurer to be deposited into the public defender account. The Clerk of Court case management system is not designed to calculate percentage disbursements. This would have to be done manually which places liability for error on the clerk. Additionally, clerks release deposited funds in civil matters only upon order of the Court. This deviation from the standard practice also presents potential for an oversight in disbursing funds. It is also unclear whether the full award must be deposited before funds are disbursed or if they are to be disbursed as payments are received.
Senators Fielder and Sands, Missoula County opposes HB 165 - Revise punitive damages laws, before Senate Judiciary tomorrow morning. Subsection II amends §27-1-221(8) to require a defendant to pay punitive damages to the clerk of district court, and for the clerk to allocate 35 percent to the plaintiff, 5 percent to plaintiff’s attorney and 60 percent to the state treasurer to be deposited into the public defender account. The Clerk of Court case management system is not designed to calculate percentage disbursements. This would have to be done manually which places liability for error on the clerk. Additionally, clerks release deposited funds in civil matters only upon order of the Court. This deviation from the standard practice also presents potential for an oversight in disbursing funds. It is also unclear whether the full award must be deposited before funds are disbursed or if they are to be disbursed as payments are received. Please oppose HB 165.
Sent the following message to Reps. Hill-Smith, McConnell and Morigeau on House Judiciary this morning:
ReplyDeleteMissoula County opposes HB 165 - Revise punitive damages laws, being heard this morning in House Judiciary. Subsection II amends §27-1-221(8) to require a defendant to pay punitive damages to the clerk of district court and for the clerk to allocate 35 percent to the plaintiff, 5 percent to plaintiff’s attorney and 60 percent to the state treasurer to be deposited into the public defender account. The Clerk of Court case management system is not designed to calculate percentage disbursements. This would have to be done manually which places liability for error on the clerk. Additionally, clerks release deposited funds in civil matters only upon order of the Court. This deviation from the standard practice also presents potential for an oversight in disbursing funds. It is also unclear whether the full award must be deposited before funds are disbursed or if they are to be disbursed as payments are received.
Please oppose HB 165.
Sending the following to MC Reps on the floor today:
ReplyDeleteMissoula County opposes HB 165 - Revise punitive damages laws, on the House floor this afternoon. Subsection II amends §27-1-221(8) to require a defendant to pay punitive damages to the clerk of district court, and for the clerk to allocate 35 percent to the plaintiff, 5 percent to plaintiff’s attorney and 60 percent to the state treasurer to be deposited into the public defender account. The Clerk of Court case management system is not designed to calculate percentage disbursements. This would have to be done manually which places liability for error on the clerk. Additionally, clerks release deposited funds in civil matters only upon order of the Court. This deviation from the standard practice also presents potential for an oversight in disbursing funds. It is also unclear whether the full award must be deposited before funds are disbursed or if they are to be disbursed as payments are received.
To be sent Friday 2/3 in the Morning:
ReplyDeleteSenators Fielder and Sands,
Missoula County opposes HB 165 - Revise punitive damages laws, before Senate Judiciary tomorrow morning. Subsection II amends §27-1-221(8) to require a defendant to pay punitive damages to the clerk of district court, and for the clerk to allocate 35 percent to the plaintiff, 5 percent to plaintiff’s attorney and 60 percent to the state treasurer to be deposited into the public defender account. The Clerk of Court case management system is not designed to calculate percentage disbursements. This would have to be done manually which places liability for error on the clerk. Additionally, clerks release deposited funds in civil matters only upon order of the Court. This deviation from the standard practice also presents potential for an oversight in disbursing funds. It is also unclear whether the full award must be deposited before funds are disbursed or if they are to be disbursed as payments are received.
Please oppose HB 165.