OPINION: Should Idaho’s attorney general be a competent lawyer or a politician?
Because many voters were not clear about what the attorney general is required to do in office, six former Idaho attorneys general joined together in April 2022 to explain. The six had served continuously from 1971 to 2003. They summarized the Idaho AG’s job as being the “State’s family lawyer.” Those AGs were Tony Park, Wayne Kidwell, David Leroy, Jim Jones, Larry Echo Hawk and Al Lance. Lawrence Wasden, who was then the AG, agreed with their explanation. So, seven AGs, two Democrats and five Republicans with a total of 52 years of service, agreed on an AG job description.
In that 2022 explanation, they said: “Like a family lawyer, a competent AG tells state officials what they need to do to keep the government out of legal trouble. The AG’s oath of office requires that he (or she) give legal advice and assistance that complies with the U.S. and Idaho Constitutions. Keeping the government on firm legal footing is not headline-grabbing but it is essential for the protection of both the government and the citizenry.”
Regarding politics, they said: “We have all been asked for legal opinions that…may be contrary to our own strongly held beliefs. The law requires that we put our personal beliefs aside when doing this work. Giving a green light to legislation with serious constitutional problems is a violation of our duty and does not benefit anyone. The courts will strike it down and require the state to pay the attorney fees of the person or group challenging the law.”
During the last four years, we have seen millions of dollars of taxpayer money being squandered on politically motivated litigation, with no benefit to the state. The current AG will not carry out his legal duty to provide written opinions to the Legislature for fear that an honest, legally correct opinion that conflicts with his extreme political views will be used against him. He used that strategy to win the 2022 primary election.
This year, Labrador’s opponent is Lori Hickman, whose legal qualifications, ethical standards and sheer competence are head and shoulders above his. Hickman promises to “restore reason, competence and integrity to Idaho’s legal and criminal justice systems.” She points out that Labrador is the first AG in history to be rejected as legal advisor to the State Land Board. The rejection came upon the vote of the other four statewide elected officials who serve on the board. “That indicates a lack of trust by the elected officials who are the most familiar with him.”
Hickman agrees with the 7 former AGs about the family lawyer concept. “We don’t choose a family lawyer because of his or her political credentials. We choose a lawyer based on competence and ability to protect the family’s legal interests. It should be no different for the Attorney General’s office.”
Former deputy attorneys general (DAGs), who worked in the AG’s office over the last 52 years, have the knowledge to determine which candidate would best serve as the state’s family lawyer. On October 1st, 50 former DAGs endorsed Lori Hickman for Idaho’s next attorney general. I certainly agree with them because Idaho desperately needs a competent lawyer, not a politician, in the AG’s office. Lori Hickman is that lawyer.
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Jim Jones is a Vietnam combat veteran who served eight years as Idaho Attorney General (1983-1991) and 12 years as Justice of the Idaho Supreme Court (2005-2017). He also publishes at substack.com/@jjcommontater.