State v. Fox

Under the American Rule, crime victims who have filed civil lawsuits are able to recover economic damages but they are precluded from recovering attorney fees.

Defendant appealed an award of attorney fees as restitution to the victims of his criminal case. Defendant assigned error to the trial court’s award of attorney fees to the victims. On appeal, Defendant argued that the "American Rule" precludes the recovery of attorney fees. In response, State argued that victims who hire attorneys to represent their interests in criminal cases are participating in a third-party action and are therefore eligible to recovery attorney fees under Ramos, that the "American Rule" does not apply to criminal cases, and that victims in criminal cases need to hire attorneys to defend their interests and those fees should be reimbursed. Under the "American Rule," crime victims in civil lawsuits are able to recover economic damages but they are precluded from recovering attorney fees. The Court reasoned that the exception created in Ramos allowed for recovery in a third-party action, but did not apply to restitution for victims in criminal cases. Additionally, victims in criminal cases are not required to retain their own attorney. Further, the Court reasoned that the "American Rule" uses the term economic damages, attorney fees do not fall under economic damages and should not have been awarded as restitution. The Court held that the lower court erred in awarding the victims attorney fees. Reversed.