Seeking Best Idaho Fish and Game Attorney

Jweber240

FNG
Joined
Oct 6, 2019
Messages
16
As the title suggests. I am looking for the best Idaho fish and game attorney. Two years ago I was cited for a wrongful class license even though I was a resident of Idaho (still am a resident according to every entity of the state besides ID fish and game). Before getting my resident license and tags I read the regulations through and through along with internet research and even spoke with the field office as well about my situation. Never got any red flags from the fish and game field office. I am a contract worker and work out of state a lot. But I claim no privileges in any other state. I own a home here, claim my homeowners exemption here, vote here, all my vehicles highway and offroad are registered here, ID state issued drivers license, non of my utilities are turned off, pay taxes here not only property but income as well. Fish and game said I wasn't at my home enough during the 6 months I waited after receiving my drivers license. Said I was only at my house 48 days during the six months therefore was not considered a resident. Prior to me purchasing my license and tags I had two previous years of non resident Utah hunting license and tags which shows I have a basic concept of what a non resident is. I took the citation (a misdemeanor) and fought it all the way to mediation, considered taking it to trial but felt like I would be judged for being a prior Washingtonian and decided not to. Picked Idaho to be my permanent residence due to its conservative values and peaceful setting my property offers. There was not one time the 40 year judge and sportsman who was mediating the hearing told me what law I broke and that it was all up for interpretation. All of the fish and game vendors said that all I needed to furnish was a valid Idaho drivers license which I had and much more. Heard stories about locals who had actual poaching issues get the blind eye but not me. Anyways the biggest issue was seeing my young boy cry because we were not able to get out for the archery elk hunt. Its irritating going on vacation somewhere and I buy a non resident fishing license and I have to say that I am a resident of Idaho when I was told by the fish and game officer that I would never be an Idaho resident according to Idaho fish and game, so I feel like I am forced to lie which is not my character.

I am in need of an attorney who could open this case back up as I feel there are a lot of discrepancies made by the fish and game officer and some include defamation of character, racial prejudice, harassment and a few other cracks in his case as well. If anyone can help point me in the right direction to an attorney that has a success record against the Idaho fish and game that would be appreciated. I would just like to see what kind of case I could make from the information I have. Thank you all.
 

Erict

WKR
Joined
Jun 28, 2020
Messages
672
Location
near Albany, NY
I think your time to get an attorney passed long ago, especially if you signed an agreement.

You posted a lot but not many relevant details - how about the simple facts like dates or number of days from moving in to Idaho before you applied for licenses, etc.? How could you make it to mediation without knowing what "law you broke"? How did they know how many days you spent in the state? I really don't get how "defamation of character, racial prejudice, harassment" is relevant to the fact of your case, whatever they were.
 

CorbLand

WKR
Joined
Mar 16, 2016
Messages
7,798
I would imagine the citation you took would tell you what law you broke.

I know a kid that did the same thing you did. He took it to a lawyer and the lawyer told him it’s been tried and nobody but the state has won.

Have you done any research on lawyers since you asked this question a couple years ago?
 

87TT

WKR
Joined
Mar 13, 2019
Messages
3,571
Location
Idaho
If you signed a mediation agreement, you’re out of gas. Waste of money on an attorney.
 

ben h

WKR
Joined
Jun 17, 2012
Messages
321
Location
SLC, UT
How much are you willing to spend to revisit this issue? At $300/hr and up, it won't take long to burn a pile of cash. Just guessing, I'd bet you'll be in the $5-10k range if it doesn't go to trial, add $5k if it does. These things also take months and months to go through the processes.

I'm in a very similar position as the OP in terms of residency. My primary home is in Utah. All of my work is spread out around the country and I seldom even work in Utah. This year I am thinking of changing redidency to another state that doesn't have income tax and at that point, I'll buy non-resident. For now, I consider myself to be a Utah resident for hunting and fishing purposes, but it hasn't been challenged yet.
 

def90

WKR
Joined
Aug 12, 2020
Messages
1,702
Location
Colorado
Where do you work that you are out of town all the time? Do you primarily work in one other state or all over the country/planet? If you are working primarily in another state is that state taking taxes out of your paycheck?
 

WTNUT

Lil-Rokslider
Joined
Jun 3, 2020
Messages
223
Buddy, if you are truly a person that is considered a resident and have been cited that is horrible. However, I work with fish and game law enforcement in another state on a weekly basis and I have a hard time getting over my belief that there is a lot to this story you are leaving out to look like a victim.


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Joined
Oct 9, 2013
Messages
80
Location
Keizer, OR
I am by no means an expert of F&G laws and maybe ID works much different than OR, but I’m not tracking much of your story.

So you were a resident, had a valid ID license, and we’re issued tags (by the F&G I would assume); how in the world would a field agent be able to determine how many days you had been in the state since you moved there?

And how did you not know what you were cited for (it’s on the citation)?

And why on God’s green earth would you take it to mediation if you had all the proper documentation to show you were a legal resident and had legal/valid tags for the game in season?

And why are you basing your state residency status on something G&F supposedly said?

And now after two years you want to hire an attorney to sue…?

If you want to line the pockets of an attorney because you think you have a case go for it, but I have a sneaking suspicion this is a case of “three sides to a story” yours, their’s, and somewhere in the middle is the actual truth. Good luck with it, keep us up to date on the lawsuit because I am genuinely curious as to how it would turn out. 👍🏻
 

P Carter

WKR
Joined
Nov 4, 2016
Messages
688
Location
Idaho
Yup. I’m a lawyer that has handled, and would handle in the future, at a reduced rate someone who had a real legal issue with IDFG. Not this one. The time to retain a lawyer for an effective defense or negotiation has long passed.

And yes, some of our judges are forty or younger. If it’s the one I’m thinking of, 1) she’s really fair and 2) if she was in a mediation that is a free service provided by the state to reduce the cost of litigation.

Pass on this one.
 

87TT

WKR
Joined
Mar 13, 2019
Messages
3,571
Location
Idaho
tenor.gif
 

bobr1

WKR
Joined
Dec 11, 2017
Messages
373
Yeah… I’m going to go out on a limb and say a lot was left out of the OPs story. Especially when they talk about being a resident now, which is irrelevant. Probably tried to play the system and didn’t do it right, wasn’t legally a resident the first time applying for tags and got caught double dipping…maybe I’m wrong but idk, story doesn’t make sense.
 

CorbLand

WKR
Joined
Mar 16, 2016
Messages
7,798
The part I am most confused about is that he wasnt able to get out for the archery elk hunt...I know a few people that have tried to play the game of "but I own a house in Idaho" and all of them have just paid fines. They didnt lose their hunting privileges.
 
Last edited:

Gutshotem

WKR
Joined
Oct 4, 2017
Messages
849
Location
USA
OP says he was cited 2 years ago, so presumably the 2021 season.

On August 24, 2021 he started a thread asking for an attorney to help with a residency issue.

Then on Nov 27, 2021 he posted here: "I have never hunted Idaho before and just met the resident requirements so next season I will hunt".
 

ODB

WKR
Joined
Mar 24, 2016
Messages
4,008
Location
N.F.D.
How would they know?
Good question.

When I got my resident hunting license in Idaho after having been out of state for over a decade, I was well legal to be a resident, but when I got my license, the system still saw me as a resident since 2004. They had no idea where I was during that time even though i held resident (sequentially) in two different states. The guy who rang up my license said “you were legal then, you are still legal, so I’ll just update your address.”
 

MTtrout

WKR
Joined
Jan 2, 2013
Messages
381
Lot to be desired here… I’ve moved 4 different times where I had to go through the process of claiming residency. Thought it was pretty straightforward. Meet the requirements and get after it.

I feel the only people that get ticket like this are trying to cheat the system or don’t have all their ducks in a row to show proof of residency.

Aside note for others that need to transfer residency. I HIGHLY recommend before you check ‘yes’ in you new state is to make sure you’re no longer listed as a resident in the state you moved from. I always call that state’s hunting license system to make sure I’m no long listed as a resident. Easy to do and eliminates potential conflict
 
Joined
Jul 6, 2022
Messages
571
I'd like to know what stupid thing you were doing in the first place to get checked by a warden. officers are not doing full background checks during a routine check so you were obviously up to no good.
 
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