Judge orders $200,000 paid

PROVO — A 4th District judge has ordered that almost $200,000 in legal fees be paid by the man who sued a newspaper publisher claiming defamation.

Judge Fred Howard agreed with defendants that the claims of William Jacob, who said his constitutional rights were affected by an editorial published in an American Fork newspaper, "lacked factual and legal merit," according to documents filed with the court, and because of that, he is responsible to pay for almost six years of attorney fees.

"We've been expecting this," said Brett Bezzant, the newspaper publisher who was sued. "We've just been waiting for it to wind its way through the courts."

In 1999, Jacob created an advertisement for the local paper that contained critical opinions about two city council candidates running for office. Bezzant said Jacob did it under the title of a non-partisan community political group.

In an attempt to give the voters what he considered more accurate information, Bezzant said he countered Jacob's ad with an editorial and pointed out Jacob's involvement with the ad.

One year later, Jacob filed suit, filled with what Bezzant called "imaginative allegations," including charges that Bezzant had conspired with city officials.

The suit was thrown out by Judge Lynn Davis in 2004. Bezzant filed for some financial reimbursement, which Howard granted.

Randall Spencer, Jacob's attorney, said he was surprised by last week's ruling.

"I don't believe that my client . . . brought his action in any way for the purpose of chilling Mr. Bezzant's First Amendment rights," Spencer said. "He's always believed that the claim was based solely on what we perceived as defamation."

Spencer said he also didn't believe that the anti-SLAPP — Strategic Lawsuit Against Public Participation — statute applied to his client's situation.

A SLAPP suit is litigation brought against someone in an attempt to stop or prevent that individual's participation in public government, which Randall doesn't believe fits this situation, saying it was just two private citizens disagreeing over qualities of those running for office.

In 2001, the Utah Legislature passed an anti-SLAPP statute that allows those sued for attempting to speak out or participate in government to countersue. If the counterclaim is approved, the original lawsuit filer can be ordered to pay the defendant's legal fees.

"It's not easy to get attorney's fees when you're a defendant in a civil suit," Bezzant said. "I'm grateful to the Legislature for protecting those who risk speaking out, especially in the public's interest."

The ruling is the first time a Utah judge has required that attorney's fees be paid under the anti-SLAPP statute, said Bezzant's attorney, Jeff Hunt.

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