Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Private Termination Attorneys topic
No spam. Unsubscribe anytime.
Bannock County declines request to fund private termination attorney fees amid legal uncertainty
Summary
After counsel advised the county that Doe v. Doe does not bar voluntary funding but that trial courts must first find indigent‑counsel necessity, commissioners voted to deny a request to use budgeted funds for two private termination cases and to remove a conditional budget item for next year.
Jason Dye, who identified himself as a court administrator, asked the Bannock County Board of Commissioners to authorize use of a $20,000 line item in the district court fund to pay private termination attorney fees for two pending cases in Bannock County, citing concern that without funding the cases could be delayed or dismissed and children could remain in legal limbo.
Dye told the board the Legislature revised the Public Defense Act in 2025 and that the Idaho Supreme Court issued an opinion in Doe v. Doe clarifying that counties and the state are not obligated to pay for private termination counsel. He said the judges estimate costs between $4,500 and $6,500 per case and that costs should not exceed $10,000 per case.
County counsel Jonathan advised that Doe v. Doe does not prohibit voluntary funding by a county but recommended caution: under precedents such as Lassiter, a trial court must make a finding that indigent counsel is necessary to protect the nonmoving parent's due‑process rights before the county should commit funds. Jonathan recommended waiting for those judicial findings and said the county’s decision should be discretionary and case‑by‑case.
Commissioners debated budget constraints, precedent and child welfare. Some members said they were sympathetic to children’s welfare and would consider a one‑time response; others stressed the county is already absorbing costs shifted from the state and expressed concern about setting expectations or precedent by budgeting for ongoing payments.
On motion by a commissioner, the board voted to deny the request to use county funds to pay private termination attorney fees and to remove a conditional request from next year’s budget. The transcript records a voice vote and the chair summarized the result as a denial; no roll‑call tally with named votes is recorded in the meeting transcript.
Commissioners and staff said the option to revisit funding remains if trial courts later make findings that indigent counsel is necessary; staff also said they could provide additional information about release dates for incarcerated parents and more detailed cost estimates if the board requests them.
