Frizzell v. Swafford

HUNTLEY, Justice.

This appeal challenges the constitutionality of that aspect of the Idaho small claims system which requires procurement of a bond to secure payment of judgment, attorney fees and costs before an appeal may be taken from a small claims judgment. Also at issue is the constitutionality of present procedures permitting execution on small claims judgments before an appeal has been taken or the time for taking it has expired. It is argued that, given the small claims *825system as it now exists, the denial of right to counsel to the litigants violates due process.

Appellant’s claim for…