The Idaho Supreme Court heard arguments this week in a case that could reshape how county clerks across the state charge for public records requests — and whether they can be held legally accountable when those fees are disputed.
The case, argued at Brigham Young University-Idaho in Rexburg, pits Idaho Falls attorney Bryan Smith against former Bonneville County Clerk Penny Manning. Smith filed a public records request with Bonneville County in April 2025 and was subsequently billed $352 for the records. He contends the fee was excessive and violated Idaho’s public records law under Idaho Code § 74-102, which allows government agencies to charge for records retrieval but establishes limits on what constitutes a reasonable fee.
A $352 Bill and a Legal Battle Over Immunity
Smith, who is representing himself in the case, argues that Manning improperly relied on a 2017 Administrative Order to calculate the fee, and that the order had been superseded by later changes to Idaho Supreme Court Rule 32. He says the charges far exceeded what the statute allows — including the two free hours of staff time that Idaho law requires before any fee can be applied.
When Smith tried to recover the money through the courts, a district judge threw out his lawsuit. Bonneville County District Judge Steven Boyce ruled that Manning was protected by absolute quasi-judicial immunity — a legal doctrine shielding officials who perform functions similar to those of a judge.
Smith pushed back hard on that reasoning before the full five-justice court. “I just wanted my money back,” he said in remarks at the hearing. “It cannot be the law in the state that a government can overcharge you, and then when you try to get your money back, they say we’re immune from suit.”
Bonneville County Prosecuting Attorney Randy Neal defended Manning’s position, arguing the case falls under the Idaho Tort Claims Act — a framework that limits when and how citizens can sue government entities and officials.
Justices Question Whether Immunity Applies
Two members of the court pressed the immunity argument during oral arguments. Justice Gregory Moeller appeared skeptical that clerks processing records requests are acting in a quasi-judicial capacity that warrants absolute immunity from suit. He suggested the situation might be better characterized as an administrative compliance issue rather than a judicial function.
“We’re just calling upon them to follow the law,” Justice Moeller said during the hearing, “and if they’re not, it probably is a training issue and not a quasi-judicial issue.”
Justice Robyn Brody also questioned the immunity framework being applied to Manning’s conduct, joining Moeller in challenging the lower court’s reasoning.
The court’s decision could have wide-ranging implications. If the justices overturn the immunity ruling, it would open a legal pathway for Idaho residents to challenge allegedly excessive public records fees in court — a remedy that has effectively been blocked under the district court’s reading of the law. County clerks across Idaho routinely process public records requests, and the question of how fees are calculated and under what authority touches on the fundamental right of citizens to access government documents.
The case also highlights a tension between administrative orders issued years ago and subsequent changes to Idaho Supreme Court rules — a conflict that lower courts may not have fully resolved before Smith’s case worked its way up to the state’s highest court.
Idaho’s public records law has been a recurring point of contention between citizens and government offices in recent years. Cases involving alleged overreach by local officials have drawn scrutiny from attorneys and transparency advocates across the state. For related coverage of Bonneville County legal matters, see the recent report on an Idaho Falls parking lot dispute that landed a Ninth Circuit judge on misdemeanor charges.
What Comes Next
The Idaho Supreme Court does not typically issue rulings from the bench, so a written decision is expected in the weeks or months ahead. If the court reverses the dismissal, Smith’s lawsuit against Manning could proceed to trial or settlement. A ruling in his favor could also prompt the Idaho Legislature or the Supreme Court itself to clarify the rules governing public records fees statewide, closing the gap between the 2017 Administrative Order and current court rules. Residents and local government offices in Bonneville County will be watching closely for the outcome.