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Troy seeks writ on attorney fee issue

Richmond attorney Tony Troy claims a circuit judge erred when he slashed Troy’s attorney fee request in an action related to the Gloucester County government battles.  Troy is asking the Supreme Court of Virginia to review the decision to award him only a third of his claimed fees and costs in a Freedom of Information Act dispute.

Troy represented Gloucester supervisor Teresa Altemus when she was indicted last year by a grand jury for allegedly violating the state’s open meetings law.  In connection with that case, Troy fought with state police over a freedom of information request.  He won and demanded $46,400 in fees and costs.  Judge C.N. Jenkins Jr. awarded only $15,300.

One of the issues for Jenkins, according to the Daily Press, was the fact that Troy filed the FOIA lawsuit in his own name, rather than the name of his client.  Attorneys acting on their own behalf often are precluded from fee awards.

The petition for appeal in Troy v. Virginia Dep’t of State Police was filed Wednesday.

By Peter Vieth

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