Tuesday, July 11, 2023

Who does the Attorney General of Idaho really work for?

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lately I was perturbed by some actions taken by Raul Labrador regarding the University of Idaho and their proposed purchase of the University of Phoenix. There are a pair of articles in the Idaho Capital Sun by Kevin Richert. The first on June 30, 2023 is titled Idaho State Board of Education steps up battle with AG Labrador, and the second on July 7, 2023 is titled Statehouse showdown over University of Idaho – Phoenix discussion escalates. Mr. Labrador sued the Board of Education – even though one of his deputies had attended the meeting he now chose to dispute.

 

Jim Jones has an article at JJCommonTater on June 28, 2023 titled Labrador’s shoot-first style does not serve his or Idaho’s best interests. He had been Attorney General of Idaho for eight years, so his opinions on how to handle that position are worth listening to.

 

The relevant Idaho statue says in part:

 

67-1401.  Duties of attorney general. Except as otherwise provided in this chapter, it is the duty of the attorney general:

(1)  To perform all legal services for the state and to represent the state and all departments, agencies, offices, officers, boards, commissions, institutions and other state entities in all courts and before all administrative tribunals or bodies of any nature. Representation shall be provided to those entities exempted pursuant to the provisions of section 67-1406, Idaho Code. Whenever required to attend upon any court or administrative tribunal, the attorney general shall be allowed necessary and actual expenses, all claims for which shall be audited by the state board of examiners.

(2)  To advise all departments, agencies, offices, officers, boards, commissions, institutions and other state entities in all matters involving questions of law.

 

Labrador and his office are supposed to work for the Board, not against them. I recalled that there was an article by Ruth Brown at Idaho Reports on January 5, 2023 titled AG Labrador moves to dismiss trespassing case against Sara Brady. In April 2020 she was arrested after refusing to leave a closed park. She had told the officers to arrest her! I don’t see why the AG needed to get involved with undoing her stupid behavior.

 

Speaking of stupid behavior, the previous AG, Lawrence Wasden, had wisely advised Idaho not to join in a silly election lawsuit. An article in the AP News on December 10, 2020 titled Idaho attorney general won’t join Texas election lawsuit described the situation. The very next day the US Supreme Court rejected that lawsuit for lacking standing to sue!

 


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