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Spokane, Washington  Est. May 19, 1883

Eye On Boise

Idaho Supreme Court ruling raises fears about access to justice, has lawmakers concerned

Chief Justice Jim Jones, left, and Justice Roger Burdick, right, listen to arguments in a recent case at the Idaho Supreme Court in Boise (Betsy Z. Russell)
Chief Justice Jim Jones, left, and Justice Roger Burdick, right, listen to arguments in a recent case at the Idaho Supreme Court in Boise (Betsy Z. Russell)

Idaho’s Supreme Court, in a divided 3-2 ruling, has launched the state’s court system on a new track in which most Idahoans who lose in court would have to pay the winning side’s attorney fees – even if they far exceed the amount at stake in the case in the first place.

Justice Roger Burdick, in a dissent, said the ruling will “further inhibit access to justice and tilt the table even further toward moneyed interests in our courts,” and will “chill litigation.”

The justices set a March 1, 2017 start date for the new attorney-fees rule. That gives the Idaho Legislature, which convenes in January, a chance to change the law before it takes effect – and several attorney-lawmakers say they’re already looking at possible changes. You can read my full story here at spokesman.com.



Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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