Should Idaho’s attorney general be a competent lawyer or a politician?

By Jim Jones
Reader Contributor

Because many voters were not clear about what the Idaho 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, Larry Echo Hawk, Al Lance and me. Lawrence Wasden, who was then the AG, agreed with our explanation. So, seven AGs — including two Democrats and five Republicans with a total of 52 years of service — agreed on an AG job description.

In that 2022 explanation, we 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, we 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 past 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, Idaho AG Raúl 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 has deep roots in Idaho pioneer settlers in Samaria and homesteaders in western Ada County. She was born into the military at Otis Air Force Base in Massachusetts and has been endorsed by Veterans for Idaho Voters, a cross-partisan group of Idaho veterans dedicated to constitutional governing. She worked 20 years in private practice, including six years as associate general counsel for Micron Technology. She served as board chair for Mormon Women for Ethical Government from 2021 until joining the AG race this year.

Hickman agrees with the seven 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.”

An attorney general can have personal views on political issues of the day but cannot ethically inject them into his or her legal advice or court activities. Mr. Labrador appears unaware of that ethical restraint. Typical of his tainted advice is his contention that a simple sign welcoming every child into a classroom is a prohibited political act. His political posturing on women’s health care has created a toxic atmosphere for Idaho women with life-threatening pregnancy conditions. They must go to Utah to get life-saving care because Idaho doctors cannot provide it without risking two to five years in prison.

Mr. Labrador went to the U.S. Supreme Court in a failed attempt to force the federal government to turn over public lands to the states. Hickman believes that those lands should remain in public hands, open for public access, use and enjoyment. There are numerous other issues where the candidates have taken sharply divergent stances. Helpful voter information can be found at idahovoters.com.

Former deputy attorneys general (DAGs), who worked in the AG’s office over the past 52 years, have the knowledge to determine which candidate would best serve as the state’s family lawyer. 

On Oct. 1, 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.

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.