SR: Solons must fix ‘loser-pays’ ruling

Idahoans will be the losers if the Legislature does not quickly clarify rules that could make unsuccessful litigants responsible for all court costs and lawyer fees; potentially tens of thousands of dollars.

The rule could shut poor and even middle-income Idahoans out of the justice system, but it does not have to be that way.

The Idaho Supreme Court, voting 3-2, in September said losers in civil lawsuits could be assessed all expenses “when justice so requires,” wording taken from a 1987 statement of legislative intent that was supposed to guide the awarding of court and attorney fees in frivolous lawsuits.

But “justice” and “frivolity” are slippery metrics. More here.