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FAMILY PAC v. FERGUSON

No. 12-35640.

745 F.3d 1261 (2014)

FAMILY PAC, Plaintiff-Appellee, v. Robert FERGUSON, in his official capacity as Attorney General of Washington; Amit Ranade, member of the Public Disclosure Commission, in his official capacity; Grant Degginger, member of the Public Disclosure Commission, in his official capacity; Kathy Turner, member of the Public Disclosure Commission, in her official capacity; Jennifer Joly, member of the Public Disclosure Commission, in her official capacity; Barry Sehlin, member of the Public Disclosure Commission, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 19, 2014.

Attorney(s) appearing for the Case

Robert W. Ferguson , Attorney General, Linda A. Dalton (argued), Senior Assistant Attorney General, Nancy J. Krier , Special Assistant Attorney General, Callie A. Castillo , Assistant Attorney General, Olympia, WA, for Defendants-Appellants.

Noel H. Johnson (argued) and Kaylan L. Phillips , ActRight Legal Foundation, Plainfield, IN; Justin D. Bristol , Gourley Bristol Hembree , Snohomish, WA, for Plaintiff-Appellee.

William R. Maurer (argued), William H. Mellor and Paul V. Avelar , Institute for Justice, Bellevue, WA, for Amicus Curiae Institute for Justice.

David E. Roland , Freedom Foundation, Olympia, WA, for Amicus Curiae Freedom Foundation.

Allen Dickerson , Center for Competitive Politics, Alexandria, VA, for Amicus Curiae Center for Competitive Politics.

Sarah A. Dunne and Nancy L. Talner , American Civil Liberties Union of Washington Foundation, Seattle, WA, for Amicus Curiae American Civil Liberties Union of Washington Foundation.

Before: RAYMOND C. FISHER, RONALD M. GOULD and MORGAN CHRISTEN, Circuit Judges.

OPINION

FISHER, Circuit Judge:

Addressing an issue of first impression in this circuit, we hold that the term "costs" under Rule 39 of the Federal Rules of Appellate Procedure does not include attorney's fees recoverable as part of costs under 42 U.S.C. § 1988 and similar statutes. The district court therefore properly concluded that the statement in our previous opinion that "[e]ach party shall bear its own costs of appeal," Family PAC v. McKenna...

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