State of Arizona v. Richard Allen Reed

Summary

The Arizona Supreme Court held that a crime victim’s privately incurred attorney fees may be awarded as criminal restitution only when an attorney is reasonably necessary to remedy harm directly caused by the criminal conduct or to enforce the victim’s rights. The court concluded that most of the fees awarded to voyeurism victim C.C. were consequential damages rather than directly caused losses, while remanding for further consideration of two billing entries concerning possible harassment. The court reversed the restitution order in part, vacated the Court of Appeals’ opinion, and remanded.

Holdings

1. Private attorney fees incurred by a crime victim during criminal proceedings are recoverable as restitution only when an attorney is reasonably necessary to remedy harm caused by the criminal conduct or to enforce the victim's rights.
2. The vast majority of C.C.'s attorney fees were not recoverable as restitution because they were incurred to navigate and monitor the criminal process, advise her, and assist with prosecution strategy rather than to enforce a right or remedy harm directly caused by Reed's offense.

Questions Presented

1. Whether attorney fees voluntarily incurred by a crime victim during criminal proceedings are recoverable as criminal restitution.
2. What standard determines whether a victim's private attorney fees are directly caused by the criminal conduct rather than consequential damages.
3. Whether the record supported awarding C.C. restitution for the attorney-fee billing entries concerning Reed's alleged attempts to contact her.

Disposition

reversed_and_remanded