Riemers v. State - No. 20070307
Case Summary
Roland Riemers appeals from a district court judgment awarding attorney fees for a prior appeal.
Riemers sued the State, a district court judge, and four justices of the North Dakota Supreme Court, claiming his legal and constitutional rights were denied during his divorce proceedings. The district court dismissed the complaint and Riemers appealed. The North Dakota Court of Appeals affirmed the dismissal and, after determining that Riemers' appeal was frivolous, remanded to the district court for an award of attorney fees. See Riemers v. State, 2007 ND App 2, 732 N.W.2d 398. On remand, the district court ordered Riemers to pay attorney fees of $1,752.42.
Riemers appeals, alleging: (1) fees for a paralegal should not have been included in the award of attorney fees; (2) attorney fees should not be awarded for work performed by the Attorney General or his assistants; (3) a formal motion should have been required before holding a hearing; (4) the State should have been required to present testimony, not just an affidavit, and Riemers should have been allowed to cross-examine the State's witnesses; (5) the State should be required to show that the Risk Management Fund actually paid for services billed by the Attorney General's Office; and (6) the court should have followed the American Rule and denied attorney fees.