Idaho taxpayers’ costs so far for continuing to challenge the federal court decision overturning the state’s ban on same-sex marriage: $71,477. In response to a request under the Idaho Public Records Law, Idaho Attorney General Lawrence Wasden’s office reported spending $2,569, for an appellate filing fee and for travel for two attorneys to the 9th Circuit arguments this week in San Francisco. Gov. Butch Otter’s office reported spending $68,899, including $66,920 for outside counsel.
Private attorney Monte Neil Stewart represented Otter both in the arguments in San Francisco, where he gave the state’s entire presentation of oral arguments; in the preparation of the briefs for that appeal; and in requesting an emergency stay of U.S. Magistrate Judge Candy Dale’s decision overturning the ban while the state appealed. Stewart charged the state $250 an hour, with a maximum charge of $50,000 for preparing the briefs and $7,000 for making the arguments; both those maximums were met.
The figures don’t include salary costs for state employees who did the work as part of their existing jobs, including attorneys in the Attorney General’s and governor’s offices, who handled the initial case at the U.S. District Court in Boise. Cally Younger, attorney for Otter, said the money for the additional expenses there came from the governor’s office general fund.