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.