Court rules against Idaho treasurer in office space fight

BOISE, Idaho (AP) - The Idaho Supreme Court on Tuesday upheld a lower court ruling ordering the Idaho state treasurer to vacate her offices in the Statehouse.

The court on Tuesday ruled in favor of Republican House Speaker Scott Bedke and Republican Senate Pro Tem Chuck Winder in a civil lawsuit seeking to oust Republican Treasurer Julie Ellsworth from her offices on the first floor of the capitol building.

Lawmakers want to make room for more House members and staff offices.

The court cited a section of Idaho law giving legislative leaders control over the first, third and fourth floors of the Statehouse. That 2007 law came about after then-Gov. C.L. "Butch" Otter, also a Republican, refused to allow two underground stories during a Statehouse renovation.

A Fourth District Court Judge cited the law in ruling the Legislature had the authority to control space on the first floor and force Ellsworth out.

The Idaho Supreme Court affirmed that lower court ruling.

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The following is a press release from the House Republican Caucus:

Speaker Bedke and former President Pro Tem Hill Win Lawsuit against Treasurer, Again
BOISE, Idaho – The Idaho Supreme Court has ruled 5-0 that State Treasurer Julie Ellsworth must adhere to the law, which means vacating her Statehouse office. The highest Court in Idaho unanimously agreed that, according to State Code, the Legislature has the sole authority to control and allocate the space on the first floor of the Capitol. This follows a similar ruling in District Court last July.

“While we applaud the pointed and sensible decision by our Supreme Court, we would have preferred the State Treasurer had respected the rule of law and avoided the need for this lawsuit,” said Speaker of the House Scott Bedke. “We now hope to finally move forward without any further delays or complications.”

Speaker Bedke and former President Pro Tem Brent Hill were forced to file the complaint in June after Ellsworth was unwilling to follow state law, found in Idaho Code section 67-1602(3). The Supreme Court agreed with Legislative Leadership, finding that the Treasurer’s interpretation of an alleged 2007 agreement allowing their office to stay on the 1st floor was without merit. Leadership was also awarded court costs.

The Legislature had made continued attempts to negotiate with the Treasurer, even offering to allow her to stay in her current suite with some staff. She demanded more, even though she, like most other Constitutional Officers in Idaho, already has staff in many other locations.

The following is a statement from the Idaho State Treasure Julie A. Ellsworth:

The court has spoken.

If the legislature chooses to move forward by providing funding, and the Capitol Commission approves this major historic character change to the building, I will move out of this space that the State Treasurer has occupied full-time since the construction of Idaho’s Capitol in 1912.

I am still concerned this is another step towards a full-time legislature which will grow government and create further distance and isolation between the citizens of Idaho and their elected officials.