- Associated Press - Friday, October 9, 2015

BOISE, Idaho (AP) - The Idaho Attorney General’s office says the Idaho Supreme Court has made it loud and clear that all deadlines matter.

The Coeur d’Alene Tribe filed a petition to the state’s highest court late last month contending that they did not miss the deadline to collect legal fees in their fight over instant horse racing terminals. However, the tribe also requested a filing extension if the court decides otherwise.

On Wednesday, the attorney general’s office responded that the court should not grant an extension to the tribe. But if that does occur, the state says it should only pay around $57,000 and not the requested $95,000.

Deputy Attorney General Mike Gilmore argued that the tribe missed the deadline by four days, not by one like the tribe says.

“It is ubiquitous (if not universal) in Idaho’s state and federal courts and administrative agencies that once the clock starts ticking, a prevailing party who is entitled to costs and/or fees has fourteen days to file documents to support an award of costs and fees,” Gilmore wrote.

Earlier this month, the court agreed with the tribe’s original deadline dispute: Gov. C.L. “Butch” Otter didn’t complete the veto legislation outlawing instant horse racing within the required five-day deadline. In Idaho, a bill automatically becomes law - even if the governor doesn’t sign it - unless it is vetoed within the legal timeframe.

Otter’s failure to meet the deadline gave the tribe a win by making the machines illegal.

Known as instant horse racing, the machines allow bettors to place wages on prior horse races with no identifiable information. The machines have spinning wheels, sounds and animations that mimic slot machines - which are illegal in Idaho.

The machines that were installed in Idaho have since been turned off because of the court’s ruling. This has led many horse racing officials to say that live horse racing will fade out in Idaho because they won’t get the needed cash instant racing provided.


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