BOISE, Idaho (AP) — Legislation that would block an Idaho Supreme Court decision on when attorney fees are imposed has cleared the House floor.
In September, the state’s highest court set a new standard for settling attorney fees in civil cases: Judges should award attorney fees “when justice so requires.” This decision has caused outrage among the state’s legal community because they fear it would lead to a so-called loser pay system, meaning the losing side would have to pay for other side’s attorney’s fees.
The court’s decision is scheduled to go into effect March 1.
Rep. Lynn Luker, a Republican from Boise, is backing legislation that would allow attorney fees to be awarded only if the courts deem the case frivolous or unreasonable.
The bill passed overwhelming in the House on Monday and now goes to the Senate for approval.