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ROE v. HARRIS

No. 21668.

917 P.2d 403 (1996)

128 Idaho 569

Jane ROE, in her capacity as general guardian and next friend of Cindy Roe, Mary Jones, individually and in her capacity as general guardian and next friend of Katie Jones, Planned Parent-hood Association of Idaho, Inc., an Idaho non-profit corporation, Women's Health Care, Inc., Glenn Weyhrich, M.D., Duane St. Clair, M.D., and Downtown Women's Clinic, Plaintiffs-Appellants, v. Jerry L. HARRIS, Director, Department of Health and Welfare, and Idaho Department of Health and Welfare, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 1996 Term.

May 21, 1996.

Attorney(s) appearing for the Case

Holland & Hart, Boise, ACLU Reproductive Freedom Project, New York, and Planned Parenthood Federation of America, Inc., New York, for appellants. B. Newal Squyres and Louise Melling argued.

Alan G. Lance, Attorney General; Brett T. De Lange, Deputy Attorney General (argued), Boise, for respondents.

JOHNSON, Justice.

This is an attorney fees case in which the party requesting fees invoked both the private attorney general doctrine and I.C. § 12-117 (Supp.1995). We conclude as follows:

1. Between the private attorney general doctrine and I.C. § 12-117, the statute provides the exclusive basis for awarding attorney fees against a state agency. 2. The trial court did not abuse its discretion in determining the prevailing party or in...

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