In its 2014 session, the Idaho Legislature took the smallest baby steps it could when it passed S 1369. The bill was signed into law by the Governor on March 26, 2014, and went into effect on July 1, 2014. It was not passed to encourage the systematic investigation and prosecution of corrupt public officials in Idaho. It was passed to make Idaho’s county prosecuting attorneys more comfortable and politically safe.
This is made clear in the bill’s statement of purpose which reads, “This bill eliminates a conflict of interest that currently exists for county prosecutors. County prosecutors represent county elected officials in their elected capacity, and also have a responsibility to deal with misconduct by those same county elected officials when they are acting in their official capacity. This bill moves the misconduct authority to the Attorney General.”
The Idaho Attorney General’s homepage has a left-column button labeled “Public Corruption.” Mouseclicking on that button will offer the reader links to two other webpages. One of them is entitled, “Explanation of Duties and Responsibilities,” and the other is entitled, “Public Corruption Complaint Form.”
Reading the “Explanation of Duties and Responsibilities” page confirms that this new section of law “…authorizes the Attorney General to conduct ‘a preliminary investigation of any allegation of a violation of state law, criminal or civil, against a county officer occupying an elective office for violation of state law in his official capacity.’ ”
To make this crystal clear, the new law authorizes the Attorney General to conduct a preliminary investigation of allegations of misconduct only against (1) County Commissioners; (2) County Prosecuting Attorney; (3) County Sheriff; (4) County Clerk; (5) County Assessor; (6) County Treasurer, and (7) County Coroner.
So in Kootenai County, for example, the new section of law authorizes the AG to investigate nine people, no more. No one else unless the county prosecuting attorney invites the AG to come in. (more…)