Jerry and Patricia A. Dixon, et al. - Page 46

                                        - 46 -                                        
          Fund.  It is hardly surprising that this group, faced with the              
          largely unfavorable outcome of Dixon III, would fracture over the           
          issue of legal representation going forward.  Indeed, given the             
          number of contributors to the Defense Fund, three sets of                   
          appellate counsel (i.e., Izen, Minns, and Porter & Hedges) does             
          not seem unreasonable.40  Therefore, we shall not reduce the                
          number of compensable hours merely to account for the fact that             
          Minns and Porter & Hedges had to “read the same record and learn            
          the same case” with which Izen was already familiar.                        
                    b.   Overstaffing                                                 
               Respondent also asserts that “it is apparent that these                
          cases have been overstaffed by both Mr. Minns and Porter and                
          Hedges and that the number of hours charged by those firms for              
          the appeal is excessive and outside the realm of reason.”  In               
          evaluating the reasonableness of the hours claimed, we are aided            
          by the fact that, taking into account Izen’s appellate fee                  
          request, we have before us three separate fee applications                  
          relating to the same appellate proceedings.41  Each of those                
          applications contains a breakdown of hours devoted to various               
          tasks as delineated in the Ninth Circuit’s Form 9.  Regarding               


          40 We note that three sets of counsel participated in the                   
          evidentiary hearing underlying our opinion in Dixon III as well:            
          Izen, Jones, and Sticht.                                                    
          41 Although Jones has also filed a motion in this Court for                 
          appellate fees and expenses, see supra note 12, he did not                  
          directly participate in the appeals of the test cases as did                
          Izen.                                                                       



Page:  Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  Next

Last modified: May 25, 2011