Roe Ex Rel. Roe v. Harris

917 P.2d 403, 128 Idaho 569, 1996 Ida. LEXIS 50
CourtIdaho Supreme Court
DecidedMay 21, 1996
Docket21668
StatusPublished
Cited by25 cases

This text of 917 P.2d 403 (Roe Ex Rel. Roe v. Harris) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roe Ex Rel. Roe v. Harris, 917 P.2d 403, 128 Idaho 569, 1996 Ida. LEXIS 50 (Idaho 1996).

Opinions

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 denying discretionary costs.
8. The trial court abused its discretion in denying attorney fees pursuant to I.C. § 12-117 for a partial judgment declaring a conflict between a statute and an administrative rule.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

A group (the group) consisting of two individual Medicaid-eligible women in need of abortions, a nonprofit health organization, two clinics, and two physicians who provide abortions, filed suit against the Idaho Department of Health and Welfare (IDHW) challenging the validity of I.C. § 56-209c [571]*571(1994) and IDAPA 16.08.09095 (Ride 9095). Idaho Code § 56-209c, adopted in 1977, provides:

No funds available to the department of health and welfare, by appropriation or otherwise, shall be used to pay for abortions, unless it is the recommendation of two (2) consulting physicians that an abortion is necessary to save the life or health of the mother, or unless the pregnancy is a result of rape or incest as determined by the courts.

Four years later IDHW adopted Rule 9095.

[IDHW] will fund abortions only under the circumstances where the abortion is necessary to save the life of the mother. Two (2) licensed physicians must certify in writing that the mother may die if the fetus is carried to term....

In resolving the substantive issues in the case, the trial court made the following decisions:

1. Idaho Code § 56-209c does not violate the state constitution.
2. Rule 9095 violates the state constitution.
3. Ride 9095 conflicts with I.C. § 56-209c.
4. The two-physician certification requirement in I.C. § 56-209c does not violate the state constitution.

Based on the trial court’s decision, the group requested that the trial court award it attorney fees for the entire case pursuant to the private attorney general doctrine and to award it attorney fees for the part of the case concerning the conflict between Rule 9095 and I.C. § 56-209c pursuant to I.C. § 12-117. The group also requested an award of discretionary costs. Although the trial court found that the group was the prevailing party under I.R.C.P. 54(d)(1)(B), it rejected the group’s claim for attorney fees and costs. The group appealed this decision.

II.

THE TRIAL COURT DID NOT ABUSE ITS DISCRETION IN DETERMINING THAT THE GROUP WAS THE PREVAILING PARTY.

IDHW asserts that the trial court should not have determined that the group was the prevailing party under I.R.C.P. 54(d)(1)(B). We disagree.

Although IDHW did not cross-appeal, we address this issue under the right result but wrong theory doctrine. See, e.g., Andre v. Morrow, 106 Idaho 455, 459, 680 P.2d 1355, 1359 (1984). IDHW is merely asserting another basis for upholding the trial court’s decision not to award attorney fees and costs. IDHW is not seeking any affirmative relief that would require a cross-appeal. I.A.R. 11(f) (1995).

IDHW contends that the group prevailed only on their challenge to Rule 9095, while IDHW succeeded in defending the constitutionality of I.C. § 56-209c and the two-physician certification requirement. Rather than focusing on tallying the issues or the counts in the complaint however, the trial court should evaluate “the result in relation to the relief sought.” Stewart v. Rice, 120 Idaho 504, 510, 817 P.2d 170, 176 (1991). We note that although the trial court upheld the constitutionality of I.C. § 56-209c, it did so by interpreting the statute in a manner that in large part embodied the group’s requested relief. The group challenged the constitutionality of I.C. § 56-209c because it denied funding for abortions, while other “medically necessary” procedures and treatments, including those for childbirth, were funded. The trial court ruled that I.C. § 56-209e is constitutional “[s]o long as [it] is construed with sufficient breadth to equate the terms ‘health’ and ‘life’ with the same level of medical necessity as is required generally for other pregnancy related medical services.” The group also succeeded in having Rule 9095 declared unconstitutional and in conflict with I.C. § 56-209c. The only relief sought which the group did not achieve was the elimination of the two-physician certification requirement.

The trial court did not abuse its discretion in ruling that the group was the prevailing party. Stewart v. Rice, 120 Idaho 504, 510, 817 P.2d 170, 176 (1991) (holding that this Court reviews classification of prevailing party under I.R.C.P. 54(d)(1)(B) for abuse of [572]*572discretion). The trial court perceived the issue as one of discretion, it applied the correct legal standard, and it reached its decision by an exercise of reason. Sun Valley Shopping Ctr. v. Idaho Power Co., 119 Idaho 87, 94, 803 P.2d 993 1000 (1991).

III.

BETWEEN THE PRIVATE ATTORNEY GENERAL DOCTRINE AND I.C. § 12-117, THE STATUTE PROVIDES THE EXCLUSIVE BASIS FOR AN AWARD OF ATTORNEY FEES AGAINST A STATE AGENCY.

IDHW asserts that in the face of I.C. § 12-117, a court may not award attorney fees against it under the private attorney general doctrine. We agree.

The Court has never addressed the issue of the interplay between I.C. § 12-117 and the private attorney general doctrine. In many cases where the Court has discussed the private attorney general doctrine, I.C. § 12-117 did not apply because a state agency was not involved. E.g., Miller v. Echo-Hawk, 126 Idaho 47, 878 P.2d 746 (1994) (executive officer); Owner-Operator Indep. Drivers Ass’n, Inc. v. Idaho Pub. Util. Comm’n., 125 Idaho 401, 871 P.2d 818 (1994) (PUC not a state agency as defined by I.C. § 67-5201(1)). Idaho Code § 12-117 was amended in 1994 so that it now applies to “a state agency, a city, a county or other taxing district.” I.C. § 12-117(1) (Supp.1995) (emphasis added). Thus, in some cases involving the private attorney general doctrine, I.C. § 12-117 did not apply, although it would now. E.g., County of Ada v. Red Steer Drive-Ins of Nevada, Inc.,

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Bluebook (online)
917 P.2d 403, 128 Idaho 569, 1996 Ida. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roe-ex-rel-roe-v-harris-idaho-1996.