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Eye On Boise

State challenges attorney fees for tribe in instant racing case, says ‘deadlines matter’

The state of Idaho has filed its response to the Idaho Supreme Court in the instant racing case, challenging the Coeur d’Alene Tribe’s motion for court-ordered attorney fees on the basis that the tribe was late for a filing deadline to submit the details of its fees and costs, which come to roughly $95,000. The tribe contends the state is misconstruing court rules and the 14-day deadline didn’t apply in this case, but that even if it did, the court should grant an extension. You can read the state’s full filing here.

Wrote Deputy Idaho Attorney General Michael Gilmore, “The message of the court's opinion in this case was loud and clear: Procedural deadlines matter, and actions that must be done by a date certain do not become effective if they are done too late. That is why Respondent opposes Petitioner's untimely Motion to Enforce Attorney Fees and Costs on Petition for Writ of Mandamus.”

The tribe won the case, which centered on Gov. Butch Otter’s belated veto of legislation to ban instant racing machines in Idaho. The court held that Otter delivered the vetoed bill back to the Senate two days after the Idaho Constitution’s five-day deadline had expired, so the bill already had become law without his signature.

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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