Idaho to Pay Legal Fees to the Coeur d'Alene Tribe

The Idaho Supreme Court ruled that the state of Idaho has to pay the Coeur d'Alene Tribe around $57,000 in legal fees, half of what was originally requested from the tribe, because of a case that involved the legality of betting machines used for instant horse racing.

Governor Otter vetoed legislation that would have banned historical horse race betting machines earlier this year. The Tribe disputed that Otter didn't complete the veto in time, and the court agreed.

Since the court ruled in favor of the Tribe, horse racing parks were forced to remove over 200 of the instant horse racing terminals because the legislation is now in effect.

Comments from Allen:
One thing that makes Indian tribes in the US unique is that gambling is legal on the reservations, even in states in which gambling is prohibited.  That brings in millions and millions of dollars in revenue to tribes every year, so if someone tries to legalize any type of gambling in a state in which gambling is otherwise illegal, the local tribes will perceive this as a revenue threat and oppose it.

In this case, the Tribe was a lead proponent behind enacting the law to prohibit gambling by horse racing machines.  It succeeded in having a law passed that would allow only betting at the track.  When the law was passed, Governor Otter had five days to veto it (as he was being urged to do by owners of the horse racing tracks).  He announced he was going to take a couple of days to think it over.  When he was done thinking, he vetoed the bill.

This, however, violated the Idaho Constitutional provision allowing vetoes only within five days of the date of passage of a bill.  Various people in the senate complained the veto came too late, but the President of the Idaho Senate called for a vote to override the veto.  When that vote failed, the President of the Senate informed the Secretary of State that the Senate override vote failed, and the bill had therefore failed to become law.  The Secretary of State then failed to codify the bill.

The Tribe demanded the Secretary of State certify the bill as having become law by petitioning the Idaho Supreme Court to force the Secretary of State to do his sworn duty and certify the bill as law.  The Tribe did this by a device known as a "writ of mandamus," in which a party is asking not for money damages but for an order to force a government worker to do his job.

The Supreme Court agreed the Secretary of State had no legal grounds to refuse to certify the bill as law, and therefore issued the writ of mandamus.  Because the Secretary of State had no grounds to refuse, its defense of the action was frivolous.  Whenever a party takes a frivolous position in a lawsuit, it will pay the other party's attorney fees.

In this case, the Supreme Court ordered the State of Idaho to pay one-half of the attorney fees requested.  That is not unusual, as any court which allows one party to be reimbursed for its attorney fees does not necessarily agree the amount sought was reasonable.

Give credit here to the Tribe, for insisting the State of Idaho obey its own laws and Constitution.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://www.localnews8.com/news/idaho-to-pay-legal-fees-in-instant-horse-racing-case/36770556

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