Hickel v. Southeast Conference

RABINOWITZ, Justice,

with whom, MATTHEWS, Justice, joins dissenting in part.

I dissent from the majority’s holding that Alaska Administrative Rule 7(c) limits reimbursement of a prevailing public interest litigant’s expert witness costs to $50.00 per hour for time spent testifying.1 Plaintiffs assert that they incurred $134,103.06 in expert witness fees and associated costs, and that the superior court awarded only $4,270.93 in costs for expert witnesses.

In my view, resolution of this issue is controlled by two prior decisions of this court. In Gilbert v. State, 526 P.2d 1131, 1136 (Alaska…