Hummer v. Evans

TROUT, Chief Justice.

This is an appeal from the district judge’s order holding that the court was without power to award attorney fees to the appellant, Joy Hummer (Hummer), under I.C. § 12-120(3).

I

FACTUAL AND PROCEDURAL BACKGROUND

The facts of the underlying case are set out in Hummer v. Evans, 129 Idaho 274, 276-79, 923 P.2d 981, 983-86 (1996) (Hummer I). Briefly, however, Hummer brought a claim against the Respondents, Jerry L. Evans (Evans), the Idaho Department of Education (Department), and the Idaho State Board of Education (Board) after being fired from her position as a consultant on…