[WSBAPT] An Idaho case you may find “interesting”

[Joshua McKarcher]

Dear Colleagues,

Forgive the interruption.

I probably ranted six years ago at you all about this Ferguson opinion from the Idaho Supreme Court, and I am reluctant to do the inescapable self-promoting of an email like this. But it is important that we all work together for the improvement of the law. Please feel free to contact me if you ever have a client with a potential vehicle case for overruling this awful opinion that persists six years later, about which I editorialized last weekend (PDF attached, web link here: https://www.lmtribune.com/opinion/gov-little-should-correct-supreme-courts-bushwhacking-782d107c).

I have all the materials on this case from the lower court and the oral argument recording. At this point, it seems a judicial overrule is the best solution.

We have some legislative work to do on this new Washington probate law Brent has taught us all about to his incredible credit. But in Idaho I'm not so sure this terrible opinion doesn't require a good old fashioned judicial overrule by a now mostly different set of justices.

Full disclosure and for balance: an excellent 2022 opinion by the Court in Nelsen v. Nelsen resuscitated mild hope for sanity when the facts were simple and only a will was involved. Nothing too surprising. But Nelsen did nothing to undo Ferguson, which must be undone eventually.

Best, Josh


Joshua McKarcher

Attorney, Owner
McKarcher Law PLLC
o: (509) 758-3345
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

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