20A-1-805.  Costs and attorney fees — Other actions or remedies not foreclosed — Grant of immunity.

(1)  If judgment is in favor of the plaintiff in a civil action brought under this part, the special counsel may petition the judge to recover the reviewing official‘s taxable costs and attorney fees against the person whose right to the office is contested.

Terms Used In Utah Code 20A-1-805

  • Bad faith: means that a person files a petition described in Subsection 20A-1-803(1):
(a) under circumstances where a reasonable person would not believe that the allegations are true; or
(b) 
(i) within 60 days before an election that the candidate to which the petition relates will appear on the ballot; and
(ii) under circumstances where a reasonable person would not believe that the allegations constitute a significant violation of a provision of this title. See Utah Code 20A-1-802
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Reviewing official: means :
    (a) except as provided in Subsection (4)(b), the receiving official; or
    (b) the reviewing official appointed under Subsection 20A-1-803(3)(a), if the receiving official appoints another individual as the reviewing official under Subsection 20A-1-803(3)(a). See Utah Code 20A-1-802
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    • (2)  The judge may not award costs or attorney fees to the defendant, unless it appears that the petitioner filed the petition in bad faith.

    (3)  Nothing in this section may be construed to prohibit any other civil or criminal actions or remedies against alleged violators.

    (4)  In the event a witness asserts a privilege against self-incrimination, the special counsel may request a person described in Subsections 77-22b-1(1)(a)(i) through (iii) to compel testimony and the production of evidence from the witness pursuant to Title 77, Chapter 22b, Grants of Immunity.

    Enacted by Chapter 254, 2014 General Session

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