Describing a partial expungement of the State Commission on Judicial Conduct’s public censure of a former Dallas judge as ” de minimis,” the 5th U.S. Circuit Court of Appeals denied the judge’s motion for attorney’s fees.
Robert Jenevein, judge of Dallas County Court-at-Law No. 3 from 1999 through 2002, had appealed a district court’s denial of his motion for attorney’s fees; he sought them as a “prevailing party” under 42 U.S.C. §1988(b), according to the 5th Circuit panel’s April 30 decision in Jenevein v. Willing, et al. Under that statute, a court may grant a reasonable attorney’s fee to the prevailing party in certain types of actions, including a 42 U.S.C. §1983 claim. Jenevein filed suit against the State Commission on Judicial Conduct under §1983, notes the April 30 opinion.
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