BEFORE THE IOWA CIVIL RIGHTS COMMISSION

TERRY L. MORRIS and DIANE MORRIS, Complainants,

VS.

DARRELL COX and PATTI COX, Respondents.

CP# 10-85-13676
CP# 10-85-13677

RECOMMENDED ORDER ON ATTORNEY FEE AWARD

ON THIS 16th day of July 1987, the Application for Attorney Fees by Stephen D. Lombardi was received pursuant to Order issued June 30, 1987, and shall be labeled Post-Hearing Exhibit 1. Attorney Lombardi requests fees based on 106.55 hours and costs advanced in the amount of $70.02. He further requests the rate of $75.00 per hour and a multiplier of two based on the nature of the case. Resistance to Application for Attorney Fees was received on July 16, 1987.

The advance costs include $64.02 for 291 miles at .22/mile. The State authorizes .21/mile. It is recommended that Lombardi should be reimbursed for advanced costs in the amount of $67.11.

The itemization of time spent includes time spent in the case against Lawrence Happel. The Commission is not authorized to award fees for work in that case. Therefore, an estimated 10.55 hours will be deducted from the total time of 106.55, leaving a balance of 96 hours.

Section 601A.15(8)(a)(8), Iowa Code, authorizes the Commission to award reasonable attorney fees as remedial action when the Commission determines that the respondent has engaged in a discriminatory or unfair practice. The March 1987, News Bulletin of the Iowa State Bar Association includes the determination that the average non-trial work hourly rate in Iowa is to be $67.00 and the trial rate is $72.00. It is estimated that approximately one half of attorney Lombardi's time was spent on trial work, therefore, an average hourly fee will be used, i.e., $69.50. Based on $69.50 an hour for 96 hours, the Morris family should be awarded $6,672.00 toward their attorney fees. The Hearing Officer declines to make an upward adjustment of the stated reasonable fee. Upward adjustment is based on complexity of the litigation, novelty of the issues, high quality of representation, and the "great benefit* to the class. The record does not justify an upward adjustment based on those characteristics nor on the "riskiness" of the case. Blum v. Stenson, 104 S.Ct. 1541 (1984).

RECOMMENDED ORDER

Respondents, Darrell Cox and Patti Cox, shall pay to Terry L. Morris and Diane Morris $67. 11 for costs advanced by their attorney, Stephen Lombardi, and $6,672. 00 toward their attorney fees.

Signed this 17th day of July 1987.

IONE 0. SHADDUCK
Hearing Officer