Rep. Bruce introduces measure to let Constitutional Defense Council fund private counsel in federal grazing and water cases

Representative Bruce (District 23) presented RS 32,026 to set a process by which Idaho citizens involved in federal legal proceedings concerning grazing or water rights can request assistance from the state Constitutional Defense Council. Bruce said the measure would specify criteria, procedures and the type of assistance the council could provide, including funding for outside counsel when appropriate.

In his remarks, Bruce read elements the council should consider when reviewing requests: the societal importance of the vindicated right, the necessity of private enforcement, whether a significant number of Idaho citizens would benefit, whether the public interest would be served, and whether state resources (time and funds) are available for participation.

Committee members discussed language and small technical corrections. Representative Mickelson moved an amendment to strike "private attorney general" and replace it with "private counsel or Attorney General;" the sponsor agreed. Members also corrected typographical errors (for example, counsel/council spelling) under the committee clerk’s authority for non‑substantive changes. Representative Dygaard and others noted the measure addresses long‑running concerns about federal lawsuits that have imposed substantial costs on Idaho citizens.

The committee approved the sponsor’s substitute technical changes and voted to introduce RS 32,026.