Senator Faces Bill Over Prison Battle Hawkins Tried To Block Contract For Private Prison
State Sen. Stan Hawkins, who waged a losing battle to stop the state from signing a contract for Idaho’s first private prison, now faces a bill of $11,071 in attorney fees and costs.
The Ucon Republican won a temporary restraining order last month to block the Department of Correction from signing a contract with Corrections Corp. of America to build and operate a 1,250-bed state prison.
Corrections Corp. was judged the best bid among eight proposals submitted. But Hawkins contended the company deal would cost the state many millions more over the life of the contract.
The state agency argued it considered many factors, such as experience, in awarding the contract and not just cost.
After a Dec. 22 hearing in Boise, 4th District Judge D. Duff McKee ruled against Hawkins and dissolved the restraining order blocking the contract. State officials signed the deal the next day.
Merlyn W. Clark, the special attorney general hired by the Department of Correction to respond to Hawkins’ legal efforts, submitted a bill for costs of $286 and attorney fees of $10,785.
Hawkins, who was notified of the claim late Monday, said it represented a lot of unnecessary paperwork filed by the state.
“This request shows that state government can just bury you,” he said. Hawkins said the day before the hearing in McKee’s court, the state attorneys filed a four-inch thick pile of legal arguments.
“We had to respond to it,” he said. “The judge didn’t have to have $10,000 worth of attorney fees represented in that paper.”
“It’s unfortunate that state government would want to put that kind of an investment into one case to defeat me,” he said, arguing that it will keep officials from questioning future Correction Department decisions.
“The effect of this may be to slow the scrutiny overall, not just on prisons but on other activities of the department,” Hawkins said.
Hawkins has 14 days to submit legal arguments against being forced to pay the bill. He is represented by attorneys John Keenan and Richard Harris.
Clark’s affidavit said because of the short time between when Hawkins won a temporary restraining order and McKee’s hearing on it, he had to hire three other attorneys to help with the defense.
Clark’s rate was listed at $175 per hour, with James R. Laski at $85 per hour, Nicholas G. Miller at $165 per hour and Robin Helminger at $85 per hour.
All are with the Boise law firm of Hawley Troxell Ennis and Hawley and Clark and Miller are partners.