Yes sir, those Tea Party folks are sure looking out for our best interests! Gut education -- but make sure the lawyers get paid! In the future "member of the Tea Party" will be synonymous with "sucker."<br>
<br><div class="gmail_quote">On Fri, Apr 8, 2011 at 5:54 AM, Tom Hansen <span dir="ltr"><<a href="mailto:thansen@moscow.com">thansen@moscow.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
Courtesy of today's (April 8, 2011) Spokesman-Review.<br>
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<br>
Public to pay for GOP suit<br>
Lawmakers vote $100,000 to pay attorney fees<br>
<br>
BOISE – Idaho lawmakers rushed through a bill to pay $100,000 to the Idaho<br>
Republican Party – to which 81 percent of them belong – in the final days<br>
of this year’s legislative session, to cover the party’s attorney fees in<br>
its successful primary election lawsuit against the state.<br>
<br>
Though it’s not uncommon for prevailing parties to get their legal fees<br>
paid in a federal civil rights case, what’s unusual is how the Idaho GOP<br>
set up its fee arrangement with its attorney – a rare “contingent fee”<br>
deal in which only the taxpayers would have to pay, not the party,<br>
regardless of the outcome.<br>
<br>
“It was not something they had to do,” said John Strait, a law professor<br>
at Seattle University School of Law and an expert on federal court<br>
litigation. “The Republicans decided they would rather have him paid out<br>
of taxpayer money, and they set it up that way.”<br>
<br>
Idaho Republican Party Chairman Norm Semanko declined repeated requests<br>
for comment on why the party chose that route. The party’s executive<br>
director, Jonathan Parker, said, “It’s my understanding that it’s standard<br>
operating procedure for court cases like this.” He said Semanko had<br>
nothing to say beyond that.<br>
<br>
The oddity drew plenty of opposition as the bill careened through the<br>
House and Senate, with not only every legislative Democrat but but also<br>
nine GOP House members and three Republican senators opposing the payment.<br>
<br>
“I have to point out, we’re paying $100,000 for the Republican Party to<br>
sue the Republican Legislature, defended by the Republican secretary of<br>
state, in order to close primaries in Idaho – I just think this is so bad<br>
it’s comical,” said Sen. Elliot Werk, D-Boise.<br>
<br>
Sen. Shawn Keough, R-Sandpoint, who voted against the bill, said, “They<br>
weren’t forced to submit that bill … and I found it insulting that they<br>
did that. I don’t believe it’s appropriate that the taxpayers pay that<br>
money.”<br>
<br>
Keough noted that when the party held its convention in Sandpoint in 2008,<br>
a majority of the attendees voted against closing the GOP primary. But<br>
then the party’s central committee moved forward anyway, and sued the<br>
state; party rules now require the GOP primary in Idaho to be closed to<br>
anyone other than registered party members.<br>
<br>
Because Idaho’s never had party registration, that’s forcing a re-do of<br>
the state’s entire primary election system; GOP-backed legislation now<br>
awaiting the governor’s signature would force all Idahoans to publicly<br>
declare their party preference for the first time.<br>
<br>
Keough said, “I remain disturbed that even while in essence shutting out<br>
the public, they asked the public to pay for it.”<br>
<br>
The Idaho GOP’s lawyer, Christ Troupis of Eagle, who didn’t return a call<br>
for comment Thursday, filed an affidavit with the federal court stating<br>
that he’s represented the party on a “contingent fee” basis in the case<br>
since 2008. “My fee agreement with the Idaho Republican Party and Chairman<br>
Norm Semanko was for a contingent fee, comprised of whatever sum was<br>
awarded by this Court in the event that the Plaintiffs were successful in<br>
prosecuting their claims in this action,” he wrote.<br>
<br>
In the affidavit, he said his total fees and costs came to $143,880. The<br>
state negotiated and got that lowered to $100,000 in a settlement, and the<br>
two sides filed a stipulation with the court agreeing to the figure. On<br>
Tuesday, after the $100,000 payment bill already had passed the Senate,<br>
U.S. District Judge Lynn Winmill issued an order granting the stipulation.<br>
<br>
Jeffry Finer, a Spokane attorney with 26 years of federal civil rights<br>
litigation experience, said, “Judges typically award fees in civil rights<br>
cases.”<br>
<br>
“The losing side could really be rational and say … negotiate these fees<br>
and get ’em paid, we don’t want to go to court – the judge could hit us<br>
even worse,” he said. “And while we fight, the meter’s running.”<br>
<br>
Finer called the settlement over the amount “impressive,” saying, “Getting<br>
almost a third of it knocked off ain’t bad,” and said the fees aren’t<br>
extraordinarily high for the type of litigation involved.<br>
<br>
Contingent fee arrangements, however, are rare in civil rights cases like<br>
this one, which challenged a state law, rather than seeking money damages.<br>
They’re more typical in cases in which someone is suing for cash damages –<br>
the lawyer takes a gamble that he’ll win the case, and get paid only a<br>
percentage of those winnings, typically anywhere from 25 to 45 percent.<br>
<br>
Strait called the arrangement “unusual in that type of case.”<br>
<br>
He said, “In terms of whether they’re entitled to it, the statute says<br>
that they are.” But, he said, they “didn’t have to ask for it.”<br>
<br>
House Minority Leader John Rusche, D-Lewiston, said, “As a citizen I just<br>
am really upset by this – paying the Republican Party to sue the state of<br>
Idaho to make it more difficult for citizens to vote in the primary. Just<br>
listen to what we’re doing. … The plaintiffs did not have to request money<br>
from the state coffers, the Republican Party chose to. … I think that’s<br>
just unconscionable.”<br>
<br>
The bill, SB 1202, is now awaiting action by GOP Idaho Gov. Butch Otter.<br>
<br>
-------------------<br>
<br>
Senate Bill 1202<br>
<br>
Status<br>
<a href="http://www.legislature.idaho.gov/legislation/2011/S1202.htm" target="_blank">http://www.legislature.idaho.gov/legislation/2011/S1202.htm</a><br>
<br>
Text<br>
<a href="http://www.legislature.idaho.gov/legislation/2011/S1202.pdf" target="_blank">http://www.legislature.idaho.gov/legislation/2011/S1202.pdf</a><br>
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Seeya round town, Moscow.<br>
<br>
Tom Hansen<br>
Moscow, Idaho<br>
<br>
"The Pessimist complains about the wind, the Optimist expects it to<br>
changeand the Realist adjusts his sails."<br>
<br>
- Unknown<br>
<br>
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