G. David Ramezan v. Gerald B. Hough, Gilmer County Prosecuting Attorney and the Gilmer County Commission

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of G. David Ramezan’s motion for attorney’s fees incurred while asserting a reporter’s privilege in connection with a confidential juvenile matter. The court held that West Virginia Code § 57-3-10 contains no fee-shifting provision and that the prosecutor did not act vexatiously, wantonly, or in bad faith. The court also rejected challenges concerning judicial disqualification and the right to a jury determination of the fee request.

Holdings

1. The Court declined to reach the disqualification issue because Ramezan had not raised it in the circuit court, and the record showed no basis for disqualification in any event.
2. Ramezan had no right to have his request for attorney's fees decided by a jury in proceedings involving litigation of a privilege issue and a related fee request ancillary to a confidential juvenile matter.
3. West Virginia Code § 57-3-10 does not contain a fee-shifting provision allowing a reporter who prevails under the statute to recover attorney's fees.
4. Ramezan was not entitled to attorney's fees in equity because the prosecutor did not act vexatiously, wantonly, or in bad faith.
5. The circuit court did not abuse its discretion by denying Ramezan's motion for attorney's fees.

Questions Presented

1. Whether the circuit judge was disqualified from ruling on Ramezan's motion for attorney's fees.
2. Whether Ramezan had a right to have his attorney's-fee request decided by a jury.
3. Whether West Virginia Code § 57-3-10 authorized an award of attorney's fees to a reporter who prevailed in litigation under the statute.
4. Whether Ramezan was entitled to attorney's fees in equity under the bad-faith, vexatious, wanton, or oppressive-conduct exception to the American Rule.
5. Whether the circuit court abused its discretion by denying Ramezan's motion for attorney's fees.

Disposition

affirmed