Judge awards Swayne $150,000 in attorney fees

COEUR d’ALENE — A Kootenai County judge has awarded North Idaho College President Nick Swayne a little more than $150,000 for attorney fees following his successful lawsuit against the college for permanent reinstatement.

In a written decision filed last week, First District Judge Cynthia Meyer ordered NIC to pay attorney fees and costs in the amounts of $150,882.50 and $433.73, respectively.

“The court finds the fees to be reasonably incurred under the circumstances,” Meyer wrote in part. “These circumstances include the novel and unique circumstances and issues, the dynamic, ever-unfolding factual circumstances and the gravity of the issues to the parties and the community.”

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. 

The court removed several line items from consideration at the request of counsel representing Swayne and did not approve several items that were clerical in nature. In total, the court reduced the fee award by $2,747.50.

The decision came after an August hearing when Meyer heard arguments from attorneys representing Swayne and the college.

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.

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.

Meyer said the case involved “novel and unusual circumstances.”

“This was not a discrete set of circumstances that occurred in the past, but circumstances that were evolving with every passing day and with each Board of Trustees meeting,” she wrote.

Attorneys representing North Idaho College have appealed Swayne’s reinstatement to the Idaho Supreme Court.