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Senate panel backs bill allowing Idaho cities and counties to request state legal assistance in constitutional challenges
Summary
Senate Bill 1125, which would let political subdivisions request state assistance — including funding, counsel or intervention — in lawsuits challenging state statutes, was advanced to the Senate floor after testimony from county prosecutors and municipal associations about financial strain from constitutional litigation.
The Senate State Affairs Committee approved Senate Bill 1125 and recommended it be sent to the floor with a due-pass recommendation after testimony from county prosecutors and municipal association representatives who described the fiscal and operational strain when local governments are sued over state statutes.
Senator Dan Foreman, sponsor of SB 1125, said the bill would add a new section to Idaho Code to allow a political subdivision to request state assistance or participation in legal actions challenging the constitutionality of a state statute. Foreman said requested assistance could include access to the constitutional defense fund, funding for private counsel, reimbursement of attorneys’ fees, assistance from the Idaho Attorney General and possible state intervention. He said…
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