Idaho Legislature — VOTE NO on H0498 - Legislature, private counsel (Posted: 01/22/26)

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Summary (ai assisted)

House Bill 498 amends Chapter 4, Title 67 of the Idaho Code with a new Section 67-465A authorizing the President Pro Tempore of the Senate and the Speaker of the House to employ counsel in addition to or independent of the Attorney General (AG) in actions against the federal government.

Fiscal Impact: Initially, this legislation has no fiscal impact (existing funds will be used for any fees in 2026). Additional appropriations may be requested in 2027, if necessary.

No contradictions identified with US Constitution or Idaho Constitution.

Reason for Recommendation

While we like the idea of being able to reach beyond the Attorney General’s office if necessary to protect Idaho from federal overreach, we believe H0498 needs more clarity and accountability. Please vote NO unless the bill is changed to address our concerns.

Our Concerns

After studying the bill and watching Rep. Bruce Skaug’s video presentation (youtube.com/watch?v=42c…), we had questions and concerns:

1. H0498 does not specify the types of cases eligible to bypass or supplement Idaho's AG. It only mentions suing the federal government.

   1. So many reasons exist to sue the federal government; however, Idaho taxpayers cannot afford to sue feds for every bad thing they do. 

   2. Depending on who occupies Speaker and Pro Tempore positions, judgments could vary about what warrants a lawsuit against the feds.

      Obvious example:

   • Freedom oriented individuals in those positions likely would vehemently oppose forced masking, jabbing, social distancing, lockdowns, etc. of citizens during "declared public health emergencies" and associated "military countermeasures."

   • Other individuals who believe government, military, and health agencies should control all aspects of health and citizen behavior during public emergency declarations likely would just as vehemently support and enforce such measures.

1. H0498 does not require any attempt to work with Idaho AG before deciding outside counsel is needed.

2. H0498 leaves decision to hire outside counsel to just two people, bypassing the rest of the legislature. It's fine for these two leaders to initiate the process, but shouldn't legislature weigh in on expenditures of tax dollars?

3. H0498 does not provide accountability for taxpayer expenditures to hire an outside attorney or to assess ongoing performance.

   1. How much can be spent and from which budgets (no spending caps specified in bill)? 

   2. What is fiscal impact beyond 2026? Bill doesn't specify.

   3. How can legislature watchdogs ensure Idaho gets value from the outside attorney?

   4. What criteria will be used to ensure good attorney performance and prevent excessive billing?

   5. What if outside attorney isn't performing well? Can legislature fire attorney for poor performance or excessive billing? If so, how, when, etc.

4. H0498 does not indicate who will vet the selected attorney.

   1. Is it the Speaker and Pro Tempore only? 

   2. Shouldn't other legislators weigh in to avoid conflicts of interest and to carefully research attorney qualifications?

Background

The Role of Attorney General

The Office of the Attorney General provides legal representation to the State of Idaho. The Attorney General and his deputies represent numerous state agencies and offices. Examples include the Department of Labor, Idaho State Police and the Secretary of State. By law, the office does not provide legal representation to individual citizens.

These duties are detailed in Article 4, Sections 1, 17, and 18 of the Idaho Constitution and are further defined in Idaho Code §§ 67-1401 – 1409

Source: ag.idaho.gov/about

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The Role of the Idaho Legislature

The Idaho Legislature is responsible for translating the public will into policy for the state, levying taxes, appropriating public funds, and overseeing the administration of state agencies. These responsibilities are carried out through the legislative process – laws passed by elected representatives of the people, legislators.

Source: idaho.gov/government/le…

Related

• Idaho Legislature 2026 Bills to Support or Oppose: tinyurl.com/yc2jpkeh