Idaho Code

Idaho Code § 12-117 (2026)

Attorney’s fees, witness fees and expenses awarded in certain instances.

✓ current as of May 2026

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Attorney’s fees, witness fees and expenses awarded in certain instances.

(1) Unless otherwise provided by statute, in any proceeding involving as adverse parties a state agency or a political subdivision and a person, the state agency, political subdivision or the court hearing the proceeding, including on appeal, shall award the prevailing party reasonable attorney’s fees, witness fees and other reasonable expenses, if it finds that the nonprevailing party acted without a reasonable basis in fact or law.

(2) If a party to a proceeding prevails on a portion of the case, and the state agency or political subdivision or the court hearing the proceeding, including on appeal, finds that the nonprevailing party acted without a reasonable basis in fact or law with respect to that portion of the case, it shall award the partially prevailing party reasonable attorney’s fees, witness fees and other reasonable expenses with respect to that portion of the case on which it prevailed.

(3) Expenses awarded against a state agency or political subdivision pursuant to this section shall be paid from funds in the regular operating budget of the state agency or political subdivision. If sufficient funds are not available in the budget of the state agency, the expenses shall be considered a claim governed by the provisions of section 67-2018, Idaho Code. If sufficient funds are not available in the budget of the political subdivision, the expenses shall be considered a claim pursuant to chapter 9, title 6, Idaho Code. Every state agency or political subdivision against which litigation expenses have been awarded under this act shall, at the time of submission of its proposed budget, submit a report to the governmental body which appropriates its funds in which the amount of expenses awarded and paid under this act during the fiscal year is stated.

(4) In any civil judicial proceeding involving as adverse parties a governmental entity and another governmental entity, the court shall award the prevailing party reasonable attorney’s fees, witness fees and other reasonable expenses. For purposes of this subsection, "governmental entity" means any state agency or political subdivision.

(5) Notwithstanding any other provision of law, in any administrative proceeding or administrative judicial proceeding involving as adverse parties a licensing authority and a licensee, the prevailing party shall be entitled to recover its reasonable attorney’s fees and reasonable investigative or defense costs, as the case may be, necessarily and actually incurred. "Prevailing party," for the purpose of this subsection, means a party that prevailed on the claims or allegations that constituted the gravamen of the claims and allegations as a whole. An assessment of fees and costs made pursuant to this section is subject to judicial review. Notwithstanding any other provision of law, the failure of a licensee to pay an award of costs or attorney’s fees awarded under this subsection shall not be deemed a violation of a licensure requirement, as long as the licensee is in compliance with a payment arrangement made with the licensing authority.

(6) For purposes of this section:

(a) "Licensee" means any person holding a license, registration, certificate, permit or other authorization to practice a profession or occupation.

(b) "Licensing authority" means any agency, bureau, commission, department, division, or professional or occupational licensing board charged with granting, suspending or revoking the license, certificate, registration, permit or other authorization of any person to practice a profession or occupation.

(c) "Person" means any individual, partnership, limited liability partnership, corporation, limited liability company, association or any other private organization.

(d) "Political subdivision" means a city, a county, any taxing district or a health district.

(e) "Proceeding" means any administrative proceeding, administrative judicial proceeding, civil judicial proceeding or petition for judicial review or any appeal from any administrative proceeding, administrative judicial proceeding, civil judicial proceeding or petition for judicial review.

(f) "State agency" means any agency as defined in section 67-5201, Idaho Code.

(7) If the amount pleaded in an action by a person is twenty-five thousand dollars ($25,000) or less, the person must satisfy the requirements of section 12-120, Idaho Code, as well as the requirements of this section before he or she may recover attorney’s fees, witness fees or expenses pursuant to this section.

Notes of Decisions

Cited in 482 cases (83 in the last 5 years), 1984–2026 · leading case: Roe Ex Rel. Roe v. Harris, 917 P.2d 403 (Idaho 1996).

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Roe Ex Rel. Roe v. Harris, 917 P.2d 403 (Idaho 1996). · cites it 136× “Idaho Code § 12-117 was amended in 1994 so that it now applies to "a state agency, a city, a county or other taxing district.”

City of Osburn v. Randel, 277 P.3d 353 (Idaho 2012). · cites it 52× “Idaho Code § 12-117 provides: [I]n any ..”

Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009). · cites it 92× “Idaho Code § 12-117 (1) states as follows: Unless otherwise provided by statute, in any administrative or civil judicial proceeding involving as adverse parties a state agency, a city, a county or other taxing district and a person, the court shall award the prevailing party…”

Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015). · cites it 40× “Because the Secretary of State is not a state agency or a political subdivision for purposes of Idaho Code 12-117, the Tribe may not recover attorney fees under that statute.”

Dept of Transp. v. HJ Grathol, 343 P.3d 480 (Idaho 2015). · cites it 68× “The court found Idaho Code section 12-117 applied as the exclusive source of awarding fees to a state entity.”

Sanders v. Bd. of Trs. of the Mountain Home Sch. Dist. No. 193, 322 P.3d 1002 (Idaho 2014). · cites it 67× “After a jury found the Board did not breach its contract, the district court held the Board was not entitled to attorney fees under I.C. § 12-117 because Sanders presented a legitimate issue for trial.”

Ralph Naylor Farms, LLC v. Latah Cnty., 172 P.3d 1081 (Idaho 2007). · cites it 64× “Attorney fees under Idaho Code § 12-117 Naylor Farms appeals the district court's decision denying its request for attorney fees *1084 pursuant to I.”

Rammell v. Idaho State Dep't of Agric., 210 P.3d 523 (Idaho 2009). · cites it 52× “That holding was contrary to the wording of the statute, which provides that "the court shall award the prevailing party reasonable attorney's fees." (Emphasis added.) Without explaining how the word "court" could be construed to include an administrative agency, the Stewart…”

Arambarri v. Armstrong, 274 P.3d 1249 (Idaho 2012). · cites it 32× “There is no indication that the district court relied on the affidavits in its analysis; therefore, any error resulting from the district court's failure to strike the affidavits of Armstrong and Taylor did not affect Arambarri's substantial rights.”

Sanchez v. State, 141 P.3d 1108 (Idaho 2006). · cites it 68× “Idaho Code § 12-117 (1) provides: Unless otherwise provided by statute, in any administrative or civil judicial proceeding involving as adverse parties a state agency, a city, a county or other taxing district and a person, the court shall award the prevailing party reasonable…”

Syringa Networks, LLC v. Idaho Dep't of Admin., 367 P.3d 208 (Idaho 2016). · cites it 18× “In granting Syringa fees under Idaho Code section 12-117, the district court held that Idaho Code § 12-117 has two purposes: “(1) to serve as a deterrent to groundless or arbitrary agency action; and (2) to provide a remedy for persons who have borne an unfair and unjustified…”

Potlatch Educ. Ass'n v. Potlatch Sch. Dist. No. 285, 226 P.3d 1277 (Idaho 2010). · cites it 20× “The School District Is Not Entitled to Attorney Fees on Appeal The School District incorrectly contends that it is entitled to attorney fees under I.C. § 12-117 because Appellants acted unreasonably in bringing this appeal.”

Show all 482 citing cases →

— Idaho Code § 12-117(1) — 193 cases

3g Ag LLC v. Idwr, 509 P.3d 1180 (Idaho 2022).

Jeanette Hoffman v. Bd of Local Improvement Dist No. 1101, 415 P.3d 332 (Idaho 2017).

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010).

Syringa Networks, LLC v. Idaho Dep't of Admin., 305 P.3d 499 (Idaho 2013).

City of Blackfoot v. Gary Spackman, 396 P.3d 1184 (Idaho 2017).

— Idaho Code § 12-117(1)(2) — 1 case

Evans v. Bd. of Com'rs of Cassia Cnty., 50 P.3d 443 (Idaho 2002).

— Idaho Code § 12-117(1)(2004) — 1 case

State v. Est. of Elliott, 108 P.3d 324 (Idaho 2005).

— Idaho Code § 12-117(2) — 7 cases

Hobson Fabricating Corp. v. SE/Z Constr., LLC, 294 P.3d 171 (Idaho 2012).

Roe Ex Rel. Roe v. Harris, 917 P.2d 403 (Idaho 1996). “Idaho Code § 12-117 was amended in 1994 so that it now applies to "a state agency, a city, a county or other taxing district.”

Nelson v. Big Lost River Irrigation Dist., 983 P.2d 212 (Idaho 1999).

Sparkes v. Idaho Dept. of Fish & Game (Idaho Ct. App. 2018).

Gifford v. West Ada Jt. Sch. Dist. 2 (Idaho 2021).

— Idaho Code § 12-117(3) — 4 cases

Westover v. Idaho Counties Risk Mgmt. Prog., 430 P.3d 1284 (Idaho 2018).

Musser v. Higginson, 871 P.2d 809 (Idaho 1994).

Westover v. Idaho Counties Risk Mgmt Prog. (Idaho 2018).

Westover v. Idaho Counties Risk Mgmt (Idaho 2018).

— Idaho Code § 12-117(3)(b) — 1 case

Rogers v. Gooding Pub. Jt. Sch. Dist. No. 231, 20 P.3d 16 (Idaho 2001).

— Idaho Code § 12-117(4) — 8 cases

East Side Hwy Dist v. Kootenai Cnty. (Idaho 2025).

Committe to Protect & Preserve v. State (Idaho 2026).

Kovacs v. Kootenai Cnty. (Idaho Ct. App. 2025).

Labrador v. Idaho State Bd. of Educ. (Idaho 2024).

— Idaho Code § 12-117(4)(a) — 2 cases

City of Osburn v. Randel, 277 P.3d 353 (Idaho 2012). “Idaho Code § 12-117 provides: [I]n any ..”

Allied Bail Bonds, Inc. v. Cnty. of Kootenai, 258 P.3d 340 (Idaho 2011).

— Idaho Code § 12-117(4)(b) — 9 cases

Smith v. Washington Cnty. Idaho, 247 P.3d 615 (Idaho 2010).

V-1 Oil Co. v. Idaho Petroleum Clean Water Trust Fund, 920 P.2d 909 (Idaho 1996).

Fox v. Bd. of Cnty. Commissioners, 827 P.2d 699 (Idaho Ct. App. 1991).

Idaho Dep't of Corr. v. Anderson, 8 P.3d 675 (Idaho Ct. App. 2000).

Bonner Cnty. v. Cunningham, 323 P.3d 1252 (Idaho Ct. App. 2014).

— Idaho Code § 12-117(5) — 2 cases

Chambers v. Idaho Bd. of Pharmacy, 516 P.3d 571 (Idaho 2022).

Flynn v. Sun Valley Brewing Co., 568 P.3d 831 (Idaho 2025).

— Idaho Code § 12-117(5)(a) — 1 case

Hauser Lake Rod & Gun Club, Inc. v. City of Hauser, 396 P.3d 689 (Idaho 2017).

— Idaho Code § 12-117(5)(b) — 2 cases

Hauser Lake Rod & Gun Club, Inc. v. City of Hauser, 396 P.3d 689 (Idaho 2017).

Tracfone Wireless v. State of Idaho, 351 P.3d 599 (Idaho 2015).

— Idaho Code § 12-117(5)(d) — 3 cases

Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015). “Because the Secretary of State is not a state agency or a political subdivision for purposes of Idaho Code 12-117, the Tribe may not recover attorney fees under that statute.”

Coeur d'Alene Tribe v. Lawerence Denney (Idaho 2015).

Tracfone Wireless v. State of Idaho, 351 P.3d 599 (Idaho 2015).

— Idaho Code § 12-117(6)(c) — 3 cases

East Side Hwy Dist v. Kootenai Cnty. (Idaho 2025).

City of Idaho Falls v. Idaho Dep't of Water Resources (Idaho 2026).

— Idaho Code § 12-117(6)(d) — 8 cases

State v. Gibson, 431 P.3d 255 (Idaho 2018).

Ada Cnty. v. Browning, 489 P.3d 443 (Idaho 2021).

Herndon v. City of Sandpoint, 531 P.3d 1125 (Idaho 2023).

Lingnaw v. Lumpkin, 474 P.3d 274 (Idaho 2020).

East Side Hwy Dist v. Kootenai Cnty. (Idaho 2025).

— Idaho Code § 12-117(6)(f) — 2 cases

State v. Gibson, 431 P.3d 255 (Idaho 2018).

Committe to Protect & Preserve v. State (Idaho 2026).

— Idaho Code § 12-117(a) — 2 cases

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010).

Laughy v. ConocoPhillips Co. (Idaho 2010).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.