Despite clear legal exemptions and a 2019 court ruling, multiple Idaho counties continue charging unlawful fees for basic public records. Advocates say the violations are widespread and ongoing.
JACKSON, Wyo. - Wyomir -- IDAHO —
For years, Idaho law has prohibited fees for public records requests under 100 pages that take less than two hours to fulfill.
But counties across Idaho are charging anyway.
Records show that of the 11 counties across the state where records were requested in this case, only 2 follow the law. The other 9, charge $1 per page for records that should be free under Idaho Code § 74-102(10)(a). That's an 82% failure rate where clerks cite outdated internal policies or general administrative orders, even though ICAR 32(k)(6) — the Idaho Supreme Court's own rule — defers to the state exemption.
Some counties go further, ignoring requests entirely or applying unrelated statutes.
"They're charging people for records the law says must be free," said one transparency advocate. "That's not an oversight. It's a pattern being done knowingly. They act like they either can't read or can't decide. It feels like fraud."
In 2019, Fourth District Judge Deborah Bail ruled against Ada County in a similar public records case brought by the Idaho Press Club. Her 31-page opinion said the county "not only did not follow the PRA, but acted as though a different Act had been enacted—a reverse image of Idaho law. No public agency is free to create its own PRA" She called their behavior "frivolous" and awarded attorney's fees.
Since then, the same billing practices continue across the state. Email records show a doubling down via taxpayer dollars. Sometimes involving outside counsel, suggesting legal uncertainty and internal concern with mounting costs to the taxpayers.
This isn't just a records and billing issue.
Many of the requests being unlawfully billed involve illegal sentences seen in Judgment of Convictions. Counties not following the law could be chilling the rights of those individuals. Especially since of the 11 counties, 17 illegal sentences were found. Meaning 61% of all persons convicted in the scope of the research, were illegally sentenced. The researcher stated: "17 Men & Women have lost a combined 301 years of their lives to date and deserve their documents to show wrongful convictions. Each are 2-5 pages."
Estimates suggest that if just 10,000 residents were charged $10 each, that's $100,000 in illegal billing. With 44 counties and years of documented violations, the total could be much higher. Likely Millions per year.
A growing network is now tracking these cases.
If you've been charged for a public records request under 100 pages, email contact@squawk.llc
A statewide review is underway to determine how much was collected—and whether legal remedies apply.
For years, Idaho law has prohibited fees for public records requests under 100 pages that take less than two hours to fulfill.
But counties across Idaho are charging anyway.
Records show that of the 11 counties across the state where records were requested in this case, only 2 follow the law. The other 9, charge $1 per page for records that should be free under Idaho Code § 74-102(10)(a). That's an 82% failure rate where clerks cite outdated internal policies or general administrative orders, even though ICAR 32(k)(6) — the Idaho Supreme Court's own rule — defers to the state exemption.
Some counties go further, ignoring requests entirely or applying unrelated statutes.
"They're charging people for records the law says must be free," said one transparency advocate. "That's not an oversight. It's a pattern being done knowingly. They act like they either can't read or can't decide. It feels like fraud."
In 2019, Fourth District Judge Deborah Bail ruled against Ada County in a similar public records case brought by the Idaho Press Club. Her 31-page opinion said the county "not only did not follow the PRA, but acted as though a different Act had been enacted—a reverse image of Idaho law. No public agency is free to create its own PRA" She called their behavior "frivolous" and awarded attorney's fees.
Since then, the same billing practices continue across the state. Email records show a doubling down via taxpayer dollars. Sometimes involving outside counsel, suggesting legal uncertainty and internal concern with mounting costs to the taxpayers.
This isn't just a records and billing issue.
Many of the requests being unlawfully billed involve illegal sentences seen in Judgment of Convictions. Counties not following the law could be chilling the rights of those individuals. Especially since of the 11 counties, 17 illegal sentences were found. Meaning 61% of all persons convicted in the scope of the research, were illegally sentenced. The researcher stated: "17 Men & Women have lost a combined 301 years of their lives to date and deserve their documents to show wrongful convictions. Each are 2-5 pages."
Estimates suggest that if just 10,000 residents were charged $10 each, that's $100,000 in illegal billing. With 44 counties and years of documented violations, the total could be much higher. Likely Millions per year.
A growing network is now tracking these cases.
If you've been charged for a public records request under 100 pages, email contact@squawk.llc
A statewide review is underway to determine how much was collected—and whether legal remedies apply.
Source: Squawk LLC
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