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Idaho’s legal bill for challenging a federal judge’s decision overturning the state’s ban on gay marriage has now topped $80,000. And that was before Gov. Butch Otter’s latest appeal to the 9th Circuit.

In response to a public records request, Otter’s office released an Oct. 7 agreement with Washington, D.C., attorney Gene Schaerr to pay a flat fee of $10,000 for two specific legal briefs: one appealing to the 9th U.S. Circuit Court of Appeals for a stay, to keep its decision legalizing same-sex marriage in Idaho from taking effect; and another appealing to the U.S. Supreme Court for the same thing.

Both were filed, and both were unsuccessful; same-sex marriage became legal in Idaho on Oct. 15.

Prior to that, Idaho had spent $71,477 to challenge U.S. Magistrate Judge Candy Dale’s decision overturning the state’s ban on same-sex marriage, $66,920 of that for outside lawyers hired to represent Otter. The bill for the stay requests bumped the total up to $81,477.

Since then, Otter has filed a petition with the 9th Circuit requesting a review by a larger, 11-judge panel. The earlier ruling was made by a three-judge panel. Otter also filed a motion for permission to exceed the 15-page limit on such petitions; the court granted the motion and allowed Schaerr to file a 35-page brief on behalf of Otter.

That brief, filed late in the evening Tuesday, the deadline for such filings, argued, “The panel’s decision appears to be judicial policymaking masquerading as law. But it is bad law, conflicting with numerous decisions of this Court, other circuits and the Supreme Court. And it is even worse policy, creating enormous risks to Idaho’s present and future children – including serious risks of increased fatherlessness, reduced parental financial and emotional support, increased crime, and greater psychological problems – with their attendant costs to Idaho and its citizens. For all these reasons, the panel decision merits en banc review.”

The 9th Circuit has now asked the plaintiffs in Idaho’s same-sex marriage case to file a response to Otter’s petition within 21 days.

The governor’s office has not yet responded to requests for information on costs for that legal action. Earlier, in the state’s appeal to the 9th Circuit, Otter was represented by private attorney Monte Stewart, who charged the state $250 an hour. Stewart has withdrawn from representing Idaho; Otter replaced him with Schaerr.

Idaho Attorney General Lawrence Wasden also participated in the original appeal to the 9th Circuit but did so using staff attorneys, so there were no outside legal bills. Wasden has announced he’s planning to file an additional appeal to the U.S. Supreme Court in the coming weeks.

The state also could be on the hook for the plaintiffs’ attorney fees and costs for the original federal lawsuit, since the state lost; a motion asks the U.S. District Court to order Idaho to pay nearly half a million dollars.

Kids to cast votes

More than 3,000 high school seniors are registered for the Idaho Student Mock Election, according to Idaho Secretary of State Ben Ysursa, and high school government teachers still can register their students through Thursday. The mock election, which has been held in even-numbered election years since 2004, will run from today to Friday; students will cast votes for actual statewide candidates on computers in their classrooms.

“I commend all the students and teachers participating in this statewide voting exercise,” Ysursa said. “The mock election experience will encourage our young citizens to become lifelong informed voters. It is gratifying to see students exercise their right to vote and their participation is a strong indication that the democratic process is alive and well in Idaho.”

Results from the mock election will be posted Nov. 3 on the secretary of state’s website; the exercise allows high school government teachers in Idaho to develop civic education lessons based around the Nov. 4 general election. For more information, contact the secretary of state’s office at jmairs@sos.idaho.gov or (208) 334-2852.

‘Idaho Debates’

The “Idaho Debates” continue airing this week on Idaho Public Television. Both debates are scheduled Thursday night. The first is the governor debate between Otter and challengers A.J. Balukoff and John Bujak at 7 p.m. The lieutenant governor debate, in which Lt. Gov. Brad Little will debate his Democratic challenger, Bert Marley, is at 8:30 p.m.

Contact Betsy Z. Russell at betsyr@spokesman.com or (208) 336-2854.