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STATE v. DISTRICT COURT

No. 29203.

152 P.3d 566 (2007)

In the Matter of the Verified Petition for Writ of Prohibition and/or to Exercise Appellate Jurisdiction Over Orders of the District Court. STATE of Idaho, Petitioner, v. DISTRICT COURT of the FOURTH JUDICIAL DISTRICT and Hon. Deborah A. Bail, District Judge, Respondents, and Idaho Schools for Equal Educational Opportunity (ISEEO); Twenty-Two (22) School Districts and 36 Patrons, Intervenors-Respondents.

Supreme Court of Idaho, Boise, September 2006 Term.

January 26, 2007.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for petitioner. Michael S. Gilmore argued.

Robert E. Bakes, Special Deputy Attorney General, Boise, for respondents.

Huntley Park LLP, Boise, for intervenors-respondents. Robert C. Huntley, Jr. argued.

TROUT, Justice.

In the proceedings below, the district court appointed a special master to assist with the "remedial phase" of litigation related to the State's system of funding public schools. The district court charged the State with payment of the special master fees. In response, the State sought a writ from this Court enjoining the district court from assessing special master fees against it..

I. FACTUAL AND PROCEDURAL BACKGROUND

The issues...

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