Idaho Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Idaho, with full citations and the original source on every page.
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Does the University of Idaho Board of Regents have the constitutional power to acquire and operate a private university like the University of Phoenix through a separate non-profit corporation?
No. The Board's constitutional charter is limited to governing the University of Idaho itself. Setting up a separate non-profit (Four Three Education, Inc.) to acquire and run the University of Phoeni…
Could Idaho voters pass a 2010 ballot initiative letting jurors ignore judicial precedent and decide both the law and the facts in every case?
The AG flagged the Informed Jury Act initiative for separation-of-powers concerns under Idaho Const. art. V, sec. 13, Supremacy Clause concerns where the rule extended to federal law and federal court…
Could a 2010 Idaho ballot initiative bar local governments from joining ICLEI or U.N. bodies?
The AG noted the proposed prohibition on local government membership in ICLEI or U.N. bodies was permissible as a public-funds limitation, but flagged that removing AG prosecutorial discretion imprope…
Did the Idaho AG approve the 2007 'Public Employee Accountability Act' ballot initiative that aimed to strip judicial immunity and force grand juries on demand?
No. The AG concluded most provisions of the initiative would likely be struck down: it bundled multiple subjects in violation of Idaho Const. art. III, § 16; usurped the district court's exclusive con…
What did Idaho's AG say about the 'Idaho Judicial Accountability Act of 2006' ballot initiative, the second JAIL-style judicial-accountability proposal aimed at Idaho?
The AG concluded the proposal would create the 'Idaho Judicial Accountability Commission' as a fourth branch of government, independent of the legislative, executive, and judicial branches, which is p…
What did Idaho's AG say about the original 2003 'Idaho Judicial Accountability Act of 2004' ballot initiative?
The AG concluded the proposal would create the 'Idaho Judicial Accountability Commission' as a fourth branch of government, independent of the legislative, executive, and judicial branches, which is p…
What did Idaho's AG say about the original 'Idaho Judicial Accountability Act of 2004' ballot initiative filed in January 2003?
The AG concluded the proposal would violate the separation of powers doctrine. It sought to eliminate judicial immunity, create a Special Grand Jury to review any decision in any court, abolish the Ju…
What did Idaho's AG say about the original 2002 J.A.I.L. (Judicial Accountability Initiative Law) ballot initiative?
The AG concluded each of the proposal's four substantive elements (eliminating judicial immunity, creating a Special Grand Jury for judges, adding judge-removal procedures, and Grand Jury implementati…
Did Idaho's 1994 voter-passed term limits law (Idaho Code 34-907) reach state judges, or only executive-branch officials?
No. The 1994 voter-passed term limits law restricting 'state elected officials' to eight of fifteen years was likely meant to cover only executive-branch officers, not the judiciary. The ballot title …
Could a 1995 Idaho ballot initiative recognize private 'volunteer militia organizations' as part of the state militia and shield them from legislative regulation, gubernatorial oversight, and adjutant general control?
No. The Idaho Constitution gives the legislature authority to regulate the militia (Article 14, section 2), the governor command-in-chief authority (Article 4, section 4), and authority over commissio…
Can Idaho's State Board of Education be split into two separate councils, one for higher education and one for public schools, the way House Bill 345 set up?
Not as fully autonomous councils. Article 9, section 2 of the Idaho Constitution requires a single State Board of Education with general supervision over all educational institutions. The AG concluded…
Can the Idaho Legislature retroactively amend tax statutes (H.B. 92 and H.B. 94) to undo two recent Idaho Supreme Court decisions that authorized refunds, or does that violate due process, the contract clause, art. 11 § 12, or separation of powers?
The bills should survive due process, contract clause, and art. 11 § 12 challenges, but the AG concluded a separation-of-powers attack would likely succeed because retroactively rewriting the statutes…
When the Idaho Senate is evenly split between Democrats and Republicans, can the Lieutenant Governor break a tie on organizational matters like the election of the Senate President Pro Tempore?
Yes. Article 4, § 13 of the Idaho Constitution expressly empowers the Lieutenant Governor to vote when the Senate is equally divided. The grant is unqualified and covers organizational votes (electing…
Can the Idaho legislature kill an approved minimum stream flow application just by passing a concurrent resolution?
No. The 1987 AG opinion concluded that the provision in Idaho Code § 42-1503 allowing the legislature to reject an approved minimum stream flow by concurrent resolution would be found unconstitutional…
Could the Governor of Idaho appoint a sitting judge to the Children's Trust Account Board?
No. The AG concluded that appointing a member of the judiciary to the Board would violate the separation of powers clause in Article 2, § 1 of the Idaho Constitution. The Board's duties are executive,…
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Attorney general opinions in Idaho are written by the Idaho Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.