BOISE, Idaho — A proposed law that would allow state agencies to skip the Idaho attorney general’s office to instead hire more expensive private-practice attorneys whenever they choose overwhelmingly passed the Idaho House on Wednesday.
The legislation, sponsored by Republican Nampa Reps. Bruce Skaug and John Vander Woude, passed on a 54-15 vote and now goes to the Senate for consideration.
The House State Affairs Committee last week approved the measure despite opposition from Attorney General Lawrence Wasden and five former attorneys general.
The bill removes a requirement that outside attorneys be screened by the attorney general and a board of statewide-elected officials that includes the governor.
Supporters of the legislation contend the attorney general’s office frequently interprets the law contrary to the opinion lawmakers want to hear, and agencies should be able to shop around for lawyers.
Skaug, an attorney, noted that cities are allowed to hire outside attorneys for specialized circumstances, and wants state agencies to have the same option.
"This is not intended to hurt our good attorney general's office in any way, this is to give our agencies the best option of winning a lawsuit," Skaug said.
Rep. Heather Scott (R-Blanchard) was more blunt in her assessment of the quality of in-house attorneys at the attorney general's office.
"I always kinda think that you get what you pay for," she said. "So if we have people working in the AG's office getting 50 or 60 bucks [an hour], they obviously can't make it in the real world as a lawyer."
Deputy Attorney General Brian Kane pushed back, arguing that the state's attorneys are dedicated public servants.
"The state of Idaho is blessed to have the bargain and the fortune and the representation that our office provides through our attorneys," Kane said. "You will not find attorneys of this caliber who are willing to make this sacrifice and serve the state of Idaho and the public for this price."
Opponents say shopping around at private law firms for potentially unsound legal opinions will cost taxpayers money.
In a joint statement, the former attorneys general said the proposed law would revert the state to a system they describe as wasteful and disjointed.
"HB 101 would take the state's legal structure back to pre-1995 times, when Idaho's system for managing state-paid lawyers was wasteful and disjointed," the former AGs said in a statement.
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