The Idaho Supreme Court has ruled unanimously that Bonneville County violated the state’s Public Records Act by overcharging an attorney for copies of court documents, as first reported by eastidahonews.com. The decision marks a significant legal setback for the county and highlights ongoing tensions between local governments and requesters regarding how public records fees are calculated under Idaho law.
The case centers on Bryan Smith, a local attorney with Smith Driscoll & Associates, who filed suit in 2025 against former Bonneville County Clerk Penny Manning. Smith represented himself in the litigation, which began after he requested copies of 169 small-claims judgments from the county.
The Fee Dispute
Smith was initially quoted $332 for the documents, plus a $10 fee for a USB drive, totaling $352. The county clerk’s office based this charge on a 2017 Administrative Order that set fees at $1 per page and $10 for electronic copies.
However, Smith argued that the county should have followed Idaho Code 74-102 and Idaho Court Administrative Rule 32. These statutes govern how agencies charge for physical or digital copies of public records. Under these rules, agencies are required to use the hourly wage of their lowest-paid qualified employee to calculate labor costs. Furthermore, the rules mandate that no fee be charged for the first two hours spent compiling records or determining those costs.
In this instance, the lowest-paid qualified employee at the clerk’s office earned $17.03 per hour. That employee spent 174 minutes—nearly three hours—completing Smith’s request. Because the work exceeded the two-hour free threshold, a labor fee was applicable, but Smith contended the county used the wrong calculation method entirely.
After his request for a reduction in fees was denied, Smith paid the $352 charge to secure the records. He later sued, alleging the county’s reliance on the 2017 Administrative Order instead of state code and court rules resulted in an illegal overcharge.
Legal Proceedings
The case first went before District Judge Steven Boyce, who granted summary judgment in favor of the clerk. Boyce cited quasi-judicial immunity as the basis for his decision. Notably, the district court did not address whether Smith had actually been overcharged, focusing instead on the immunity defense.
Smith appealed the decision to the Idaho Supreme Court. Oral arguments were heard earlier this year in Rexburg at Brigham Young University-Idaho. The state’s highest court rejected the lower court’s reasoning, finding that Bonneville County had indeed violated the Public Records Act by failing to adhere to the statutory fee structure.
Penny Manning retired while the lawsuits were being handled. Chris Poulter is currently listed as the Bonneville County clerk in the court opinion.
Financial Ramifications
The Supreme Court’s ruling carries significant financial consequences for the county. The opinion entitles Smith to recover his court costs, which could push the total expense of the case above $5,000. Smith has suggested that when including prosecutor salaries and other legal fees, the total cost to the county could reach $20,000.
To date, Bonneville County has already paid Nelson Hall Parry Tucker Law Firm $3,632 to defend the clerk in the litigation. Smith noted that the county could have avoided much of this expense by simply refunding the overcharged amount early on.
“Somebody also decided that the county should fight all the way to the Supreme Court rather than refund $330.67,” Smith wrote regarding the decision to appeal rather than settle, as first reported by the EastIdahoNews.com.
Impact on Taxpayers
Bonneville County Prosecutor Randy Neal expressed concern about the broader implications of the ruling for local governments and taxpayers across Idaho. Neal stated that the decision effectively shifts costs from individual record requesters to all taxpayers, who will ultimately bear the burden of legal fees and potential refunds.
The complexity of public records fee calculations appears to be a growing issue for state agencies. The State of Idaho Judicial branch reported that Rule 32 underwent 15 amendments in the past year alone, suggesting ongoing efforts to clarify how these fees should be applied.
Bonneville County officials are now considering how to handle future public records requests in light of the Supreme Court’s decision. The ruling serves as a reminder to local agencies that strict adherence to state code and court administrative rules is necessary when calculating fees for public records, regardless of internal administrative orders.