In addition to ruling in favor of the Coeur d’Alene Tribe in the instant racing veto case, a unanimous Idaho Supreme Court ruled that the tribe is entitled to attorney fees and costs in its lawsuit against Idaho Secretary of State Lawerence Denney, because Denney “acted without a reasonable basis in fact or law” by defending the case and refusing to certify the instant racing ban legislation as law.

“Because the governor failed to return SB 1011 within five days, the Constitution makes crystal clear that SB 1011 automatically became law as if the Governor had signed it and therefore, the Secretary of State had a non-discretionary duty to certify it as law,” the justices wrote. “Therefore, we conclude that the Secretary of State defended this writ without a reasonable basis in fact or law.”

Only the state must pay the tribe’s attorney fees and costs; the other parties in the case, Gov. Butch Otter and three instant racing operators, all of whom filed friend of the court briefs offering arguments in the case, don’t have to pay the tribe’s costs because they weren’t parties in the case, the court found.