Swayne to receive attorney fees from NIC

COEUR d’ALENE — North Idaho College President Nick Swayne will receive payment for attorney fees following his successful lawsuit against the college for permanent reinstatement. Exactly how much he will receive remains to be determined.

First District Judge Cynthia Meyer said Wednesday that she will issue a written decision on the matter, after hearing arguments from attorneys representing Swayne and the college.

Swayne’s attorneys billed a total of $153,630 for 527.5 hours of work on the case performed between Nov. 28, 2022, and Aug. 4 of this year. Meyer indicated that she may strike some line items that appear to be mostly clerical in nature.

Kelly Drew, a Spokane-based attorney assigned to the case by NIC’s insurance carrier, said the $153,000 figure represents “more than 50%” of the fees her firm has charged in this case.

Because legal counsel for NIC failed to object to Swayne’s motion for fees and costs within the statutory time frame, Meyer ruled that NIC waived any objection to paying costs and fees.

“That is the hard-and-fast rule,” Meyer said. “There isn’t a provision for excusable neglect. There isn’t a provision for good cause. There isn’t a provision for lack of prejudice. The rule is very much a deadline. It’s not a suggestion.”

In Idaho, when determining the amount of attorney fees to be granted to a party in a civil action, the court must consider factors including the time and labor required, the novelty and difficulty of the case’s questions and awards in similar cases.

Though Swayne’s lawsuit was, at its heart, about interpretation of an employment contract, Meyer said the case was complicated and dense, which makes it difficult to compare to other contract employment lawsuits.

“It was dynamic,” Meyer said. “Things were happening all the time that were affecting the proceedings before the court.”