2005 Idaho Code - 9-344 — ORDER OF THE COURT -- COURT COSTS AND ATTORNEY FEES

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 3
                               PUBLIC WRITINGS
    9-344.  ORDER OF THE COURT -- COURT COSTS AND ATTORNEY FEES. (1) Whenever
it appears that certain public records are being improperly withheld from a
member of the public, the court shall order the public official charged with
withholding the records to disclose the public record or show cause why he
should not do so. The court shall decide the case after examining the
pleadings filed by the parties and such oral arguments and additional evidence
as the court may allow. The court may examine the record in camera in its
discretion.
    (2)  If the court finds that the public official's decision to refuse
disclosure is not justified, it shall order the public official to make the
requested disclosure. If the court determines that the public official was
justified in refusing to make the requested record available, he shall return
the item to the public official without disclosing its content and shall enter
an order supporting the decision refusing disclosure. In any such action, the
court shall award reasonable costs and attorney fees to the prevailing party
or parties, if it finds that the request or refusal to provide records was
frivolously pursued.