THAT'S
THAT'S THE MESSAGE A
NEW
NEW GROUP
NEW GROUP OF IDAHO LEGAL EXPERTS IS SENDING TO THE IDAHO
LEGISLATURE.
WE'VE TALKED ON THE 208
ABOUT THE STATE
LEGISLATURE'S RECORD OF
PASSING
PASSING BILLS THAT THE ATTORNEY GENERAL'S OFFICE SAY ARE
UNCONSTITUTIONAL.
AS A RESULT, THE
LEGISLATION OFTEN ENDS
UP BEING CHALLENGED IN
COURT... COSTING IDAHO
TAX PAYERS MILLIONS OF
DOLLARS OVER THE
YEARS.
THIS GROUP SAYS IT'S
TIME THE TREND IS
STOPPED.
JOE PARRIS SPOKE WITH A
LEADER OF THE
COMMITTEE TO PROTECT
AND PRESERVE THE IDAHO
CONSTITUTION ABOUT
THEIR GROUP AND PLAN
OF ACTION.
"THERE HAS BEEN AN
UNPRECEDENTED EFFORT
BY THE IDAHO
LEGISLATURE THIS
SESSION TO IGNORE THE
CONSTITUTION."
AS HE FOLLOWED THE
2021
2021 LEGISLATIVE SESSION, JIM JONES, RETIRED CHIEF JUSTICE OF
THE IDAHO SUPREME
COURT, SAYS HE STARTED
TO HAVE CONCERNS AS
HE
HE WATCHED LEGISLATION THAT HE BELIEVES IS UNCONSTITUTIONAL
ADVANCE AT THE
STATEHOUSE. HE SAYS HE
FINALLY HAD ENOUGH
AND HAD A THOUGHT.
"MAYBE WE NEED TO GET
SOME LAWYERS TOGETHER
TO RESIST IT."
HE FOUND VETERAN
LEGAL EXPERTS THAT
SHARED HIS OPINION AND
THUS A GROUP WAS
CREATED.
"IT'S THE COMMITTEE TO
PROTECT AND PRESERVE
THE IDAHO
CONSTITUTION."
SINCE 2004 THE STATE OF
IDAHO HAS LOST EIGHT
CASES INVOLVING A LAW
PASSED BY THE STATE
LEGISLATURE THAT WAS
CHALLENGED FOR BEING
UNCONSTITUTIONAL. AT
LEAST ONE BILL PASSED
DURING LAST SESSION IS
ALSO CURRENTLY IN
LEGAL LIMBO. ALL LEGAL
FEES ARE PAID BY IDAHO
TAXPAYER DOLLARS OUT
OF THE CONSTITUTIONAL
DEFENSE FUND, CREATED
IN 1995 TO DEFEND THE
STATE'S LEGAL RIGHTS
AGAINST THE FEDERAL
GOVERNMENT.
"YEAH, OVER $3 MILLION
HAVE GONE OUT TO
DEFEND
UNCONSTITUTIONAL
DEFEND UNCONSTITUTIONAL BILLS. I DON'T KNOW WHY
THEY CALL IT THE
CONSTITUTIONAL
DEFENSE FUND I THINK
THEY OUGHT TO CALL IT
THE UNCONSTITUTIONAL
BILL DEFENSE FUND."
THE COMMITTEE, WHICH
INCLUDES TWO FORMER
IDAHO ATTORNEYS
GENERAL, A FORMER
DEPUTY ATTORNEY
GENERAL, AND SENIOR
LAWYER OF THE IDAHO
BAR AIM TO WORK AS A
WATCHDOG GROUP.
"WE ARE GOING TO,
NUMBER ONE, BLOW THE
WHISTLE WHEN THE
LEGISLATURE STARTS
MOVING LEGISLATION
THAT WOULD VIOLATE
PROVISIONS OF THE
WHISTLE WHEN THE
LEGISLATURE STARTS
MOVING LEGISLATION
MOVING LEGISLATION
BAR
BAR AIM
BAR AIM TO WORK AS A WATCHDOG GROUP. "WE ARE GOING TO,
NUMBER ONE, BLOW THE
WHISTLE WHEN THE
LEGISLATURE STARTS
MOVING LEGISLATION
THAT WOULD VIOLATE
PROVISIONS OF THE
CONSTITUTION AND
SECONDLY, IF NEED BE, GO
INTO A COURT ROOM TO
OPPOSE THOSE EFFORTS."
SO FAR, THE COMMITTEE
HAS IDENTIFIED AT LEAST
FIVE PIECES OF
LEGISLATION THIS
SESSION THAT THEY
BELIEVE ARE
UNCONSTITUTIONAL.
UNCONSTITUTIONAL.
THEY
THEY INVOLVE THE GOVERNOR'S EXECUTIVE POWER, THE ATTORNEY
GENERALS POWER, AND
BALLOT INITIATIVE RULES
CHANGES.
"SO MANY OF THESE
PEOPLE COME TO THE
LEGISLATURE AND THEY
SAY, WELL I BELIEVE IN
CONSTITUTIONAL
GOVERNMENT. BUT,
WHEN IT COMES TO
UPHOLDING THE
CONSTITUTION THEY ARE
NOT VERY FAITHFUL TO
WHAT THEY PROFESS THEY
BELIEVE."
"WE WANT TO LET THE
PEOPLE KNOW WHY
VARIOUS PROPOSALS ARE
VIOLATIVE OF THE
CONSTITUTIONAL PROVISIONS, SEPARATION
PROVISIONS, SEPARATION
OF
OF POWERS
OF POWERS AND CHECKS AND BALANCES, SO THAT THEY CAN EVALUATE
WHAT THEIR LEGISLATORS
ARE DOING AND MAYBE
GIVE THEM TIME TO THINK
ABOUT IT IN RETIREMENT."
JUSTICE JONES POINTS
OUT THAT THE
LEGISLATURE HAS A LONG
RECORD OF PASSING
LEGISLATION THAT THE
ATTORNEY GENERAL'S
OFFICE TOLD THEM WAS
UNCONSTITUTIONAL. HE
ADDS THAT THIS ISN'T A
POLITICAL PLAY AND THEY
ARE NOT ON ANYONE'S
SIDE, THEY ARE ON THE
SIDE OF THE LAW.
"PEOPLE JUST DON'T LIKE
THE FACT THAT THE
ATTORNEY GENERAL HAS
TOLD THEM THEY CAN'T
DO SOMETHING BECAUSE
IT'S A VIOLATION OF THE
CONSTITUTION. THEY
DON'T WANT TO HEAR
THAT, THEY WANT TO
HEAR SOME CLOWN WHO
WILL TELL THEM, OH YEA
YOU CAN DO THAT, BUT
WHEN THEY GET TAKEN TO
COURT THEY JUST END UP
WITH EGG ON THEIR
FACE."
WHEN THAT HAPPENS,
AGAIN, JONES SAYS IT
COSTS IDAHO TAXPAYERS
LOTS OF MONEY. THE
COMMITTEE TO PROTECT
AND PRESERVE THE IDAHO
CONSTITUTION IS NOT A
SYMBOLIC GESTURE JONES
SAYS. HE SAYS THEY HAVE
A GROWING GROUP OF
IDAHO LEGAL EXPERTS
JOINING THEIR CAUSE
READY
READY TO
READY TO TAKE ACTION IF LAWMAKERS CONTINUE TO PASS LEGISLATION
THAT THEY BELIEVE IS
UNCONSTITUTIONAL.
"WE INTEND TO GO AS
FAR AS WE NEED TO BE
GOING IN ORDER TO GET
UNCONSTITUTIONAL
LEGISLATION OF THE
BOOKS."
BOOKS."
UNCONSTITUTIONAL LEGISLATION OF THE BOOKS."
BOOKS."
LEGAL
LEGAL FIGHTS ARE VERY EXPENSIVE, WHO IS GOING TO PAY THE COMMITTEE
TO WORK AND SPEND
THEIR TIME WORKING ON
CASES IF THEY POP UP?