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Otter says he’ll file petition for en banc review of 9th Circuit ruling in Idaho’s gay marriage case

Idaho Gov. Butch Otter announced today that he's filing a petition with the 9th Circuit U.S. Court of Appeals for an en banc re-hearing of Idaho's same-sex marriage case. “I will continue defending Idahoans’ self-determination and the will of Idaho voters who decided that traditional marriage is a core principle of our society,” Otter said in a statement; click below for his full statement. He said his office will file the petition later today.

An en banc review at the 9th Circuit, because the circuit is so large, would mean that a larger 11-judge panel would re-hear the case, after a three-judge panel made the decision earlier. In smaller circuits, an en banc review is a rehearing by the full court. Otter and Idaho Attorney General Lawrence Wasden earlier requested that 9th Circuit assign a full 11-judge panel to hear Idaho's case in the first place, rather than a three-judge panel; that request was denied. Wasden is not joining with Otter in today's petition.

Christian group in Mississippi floods Idaho gov, mayor with protests over supposed arrest threat

A fundamentalist Christian organization in Mississippi is spearheading a protest that’s brought thousands of emails and phone calls to Gov. Butch Otter’s office and Coeur d’Alene Mayor Steve Widmyer’s office today, claiming the city is planning to arrest two ministers if they refuse to perform same-sex marriage ceremonies. It’s not true, but that hasn’t stopped the calls and emails.

“None of these people understand that we have an exemption,” Widmyer told S-R reporter Scott Maben today; you can read Maben’s full report here at The owners of the Hitching Post wedding chapel in Coeur d’Alene, a for-profit business, said earlier this year that they’d shut down rather than perform wedding ceremonies for gay couples, as owners Donald and Evelyn Knapp, who are ordained ministers, oppose such ceremonies on religious grounds.

On Friday, the Alliance Defending Freedom in Lawrenceville, Ga., filed a federal lawsuit against the city of Coeur d'Alene on behalf of the Knapps, anticipating that now that same-sex marriage is legal in Idaho, the city would use its anti-discrimination ordinance to force the chapel to perform same-sex weddings. Yesterday, city attorney Michael Gridley said in a letter to the Knapps' attorneys that the city will not prosecute legitimate nonprofit religious corporations, associations and other organizations exercising First Amendment rights. Gridley, who asked that the Hitching Post drop its suit, pointed out that two weeks ago the business took steps to become a nonprofit religious corporation.

None of that is mentioned in the American Family Association’s post about the case, which states, “Once again, homosexual bullies have targeted Christian-owned businesses in their attempt to silence all opposition to their sinful lifestyle.” The Tupelo, Miss. group today posted a call to action for its members to contact Widmyer and Otter, under the headline, “City threatens to arrest ministers for refusing to marry gays.”

Dems decry Otter fundraising letter for GOP candidate with criminal domestic violence record

The Idaho Democratic Party is criticizing Gov. Butch Otter and other Republican leaders for sending out letters asking lobbyists for campaign donations to seven legislative races, the AP reports, including one in which the GOP candidate’s criminal record for domestic violence was revealed early in the campaign. “If we hope to sustain our majority in the House, or even increase it, we must take action now to help these seven candidates with their legislative races,” Otter wrote in the letter. The seven include first-time Republican candidate Greg Chaney of Caldwell, who was charged with domestic battery in 2009 after being accused of shoving his then-wife. Police also reported he threatened to kill himself in front of his family. Chaney later pleaded guilty to disturbing the peace and malicious injury to property.

Chaney told the AP he hasn't consumed alcohol since 2009 and now has custody of his two children. Otter’s letter, which also was signed by Lt. Gov. Brad Little and House Speaker Scott Bedke of Oakley, called the seven candidates, including Chaney, “reliable and hard-working Republicans.” Click below for a full report from AP reporter Kimberlee Kruesi.

Labrador calls for ban on commercial travel from West Africa, Ringo says that’s ‘bordering on panic’

Idaho Congressman Raul Labrador is calling for a ban on commercial travel from West Africa, a call his Democratic challenger, state Rep. Shirley Ringo, criticized as “bordering on panic.” S-R reporter Jim Camden writes that Labrador, in his weekly newsletter late last week, said, “Halting travel will help contain the disease, dispel fear among Americans and give the government and health care providers time to take additional steps to prevent any further spread of the (Ebola) virus.”

Labrador went further than Washington GOP Rep. Cathy McMorris Rogers, Camden noted, who is calling for the Obama administration to consider “immediate travel restrictions” from Liberia and other countries with the Ebola outrbreak, with a temporary ban on visas to people in areas most affected by the virus. Her Democratic challenger, Joe Pakootas, also disagreed with her position, saying the decision should be left to medical professionals.

Ringo said she thought the United States was “a long way” from considering travel restrictions, and said she doubted such restrictions would work for practical reasons, as people travel by indirect routes.  It makes more sense to stress protocols that identify people who might be ill and deal with them, she said. “Congressman Labrador’s suggestion really borders on panic.” You can read Camden’s full report here at his “Spin Control” blog.

AdWatch: Gloves come off in guv’s race, with ad rapping Otter over prison scandal

The gloves have come off in Idaho’s governor’s race, with Democratic challenger A.J. Balukoff launching a hard-hitting new ad faulting GOP Gov. Butch Otter’s handling of a scandal involving the state’s largest prison. You can read my full AdWatch story here at; and watch the commercial here; it’s running statewide, including in the Spokane broadcast TV market.

Idaho took over operation of the Idaho Correctional Center this year from private operator Corrections Corporation of America, after multiple lawsuits, reports of violence so intense that the prison was dubbed “Gladiator School,” and evidence that CCA had fraudulently overbilled the state for thousands of hours of guard duty that never were worked.

Otter, an advocate of privatization, made the announcement reluctantly on Jan. 3; on Feb. 4, he announced a settlement in which the state dropped all claims against CCA in the staffing dispute in exchange for a $1 million payment. At the time, the state had been saying for a year that the Idaho State Police was conducting a criminal investigation, but it turned out no investigation ever had been launched. Otter said then that the ISP had determined none was needed; two weeks later, after meeting with Attorney General Lawrence Wasden, Otter reversed his stance and called for a criminal investigation by ISP. In March, the FBI stepped in.

“It fails the smell test badly,” Balukoff said, “and we have to wonder what more will come out when the FBI wraps up its ongoing investigation of this debacle.”

The ad includes actual footage of inmate violence at the prison, notes that CCA is a  major campaign contributor to Otter – the firm has donated $20,000 to his campaigns since 2003 – and calls the settlement a “sweetheart deal.” Jim Weatherby, Boise State University professor emeritus and a longtime observer of Idaho politics, said the ad – the first time Balukoff’s gone negative – could be a “turning point” in the governor’s race.

Ybarra straightens out her marital history

Sherri Ybarra, the Republican candidate for Idaho superintendent of public instruction, is clarifying her marital history after she told an Idaho Statesman reporter she and her husband came to Mountain Home in 1996; it’s the same story she told me in an interview in August. But Statesman reporter Bill Roberts writes today that Ybarra now acknowledges that she and her husband, Matthew Ybarra, were married in 1999 after she and her previous husband were divorced following their move to Mountain Home in 1996.

Roberts said he contacted Roberts after receiving a call from a reader about the history laid out in his published story. Ybarra told Roberts she wasn’t trying to cover up her divorce; she said she does not consider her first husband family and didn’t make the distinction about her divorce when recounting her history. “My brain doesn’t operate in the past,” she said. Roberts’ full post is online here.

Roberts reports that Ybarra was vague about her first marriage, saying she doesn’t recall exactly how long she was married and doesn’t know precisely when she was divorced. “It’s been so long,” she said. In my August interview with her, Ybarra told me she and her husband had been together, “Oh, gosh, 16 years,” and said the couple arrived in Mountain Home in 1996 when her husband was in the military. “He did his time and that was the end of it,” she said, saying he’s now employed as a federal police officer for the Veterans Administration in Boise. She initially told Roberts she and her husband had been married “nearly 20 years;” she now says they will have been married 16 years in March. Her bio on her campaign website includes a photo of her with her husband “of 15 years” and their son. It says she “moved to Idaho in 1996 with the military,” but Ybarra told me in August that she never served in the military; only her husband did.

Roberts reports that Ybarra’s vagueness follows several other miscues during her campaign. She has failed to vote in most of the primary and general elections since coming to Idaho and she was accused of plagiarism by her Democratic opponent, Jana Jones, after portions of Jones’ website were copied onto Ybarra’s website; Ybarra later apologized.

More ‘Idaho Debates’ coming up…

The candidates for state superintendent of schools, Democrat Jana Jones and Republican Sherri Ybarra, will face off tomorrow night at 7 as part of the “Idaho Debates,” co-sponsored by the Idaho Press Club and the League of Women Voters of Idaho and broadcast statewide on Idaho Public Television. The “Idaho Debates” then continue with the 2nd Congressional District debate, between GOP Congressman Mike Simpson and Democratic challenger - and former 2nd District congressman - Richard Stallings, on Sunday at 7 p.m.; the lieutenant governor debate between incumbent Brad Little and Democratic challenger Bert Marley at 8:30 p.m. on Oct. 30; and the big one – the governor’s debate – at 7 p.m. on Oct. 30. That debate will feature GOP Gov. Butch Otter, Democratic challenger A.J. Balukoff, and Libertarian challenger John Bujak.

Bar survey shows lawyers rate Hoagland higher than Arnold in judicial race

The Idaho State Bar has released the results of its survey of attorneys on the qualifications of judicial candidates who are on the ballot in November; there are two races, both runoff races for district judge. In the 4th Judicial District contest between Rebecca Arnold and Samuel Hoagland, Hoagland was rated higher than Arnold in every category; 244 attorneys statewide responded, the vast majority of them from the 4th District. You can see those results here. In the 7th Judicial District, Bruce Pickett and Stevan Thompson are in a runoff race; their ratings were closer, with Thompson’s slightly higher; 144 attorneys responded. Those results are online here. Attorneys rated the judicial candidates on criteria including integrity and independence, knowledge and understanding of the law, and judicial temperament and demeanor.

Records show ISP cited conflict of interest when it handed over CCA investigation to FBI

Here’s a news item from the Associated Press: BOISE, Idaho (AP) — Public records show an Idaho State Police investigation into staffing problems at a private prison was handed over to the FBI after police detectives determined their agency could have a conflict of interest in the case. The apparent conflict of interest wasn't revealed earlier this year, when the state first announced the FBI would be investigating whether fraud or other crimes occurred when Corrections Corporation of America understaffed Idaho's largest prison in violation of its $29-million-a-year contract. The records were among hundreds of documents obtained through public records requests by a campaign staffer for A.J. Balukoff, a Democrat who is challenging Republican incumbent Gov. C.L. “Butch” Otter for the governor's seat. Balukoff's campaign spokesman, Mike Lanza, said Balukoff thought it was important for the public to find out more about how the state handled the investigation into understaffing at a prison run by Corrections Corporation of America.

Click below for a full report from AP reporter Rebecca Boone.

Otter aims for third term, challengers aim for change; link to election coverage

Here’s a link to my Sunday story on the governor’s race, which wraps up the series I’ve been doing over the past few months on Idaho’s top races in the November election. From the story: Idaho Gov. Butch Otter’s cowboy charm has long appealed to Idaho voters, helping make him one of the state’s most-elected officials: a longtime lieutenant governor, three-term congressman and two-term governor. But has he earned the rare distinction of becoming only the second governor in Idaho history to be elected to a third consecutive term? An array of challengers, led by A.J. Balukoff, the Democratic nominee and longtime Boise School Board chairman, say no, arguing the state’s schools, economy and reputation have suffered on Otter’s watch. Otter says he wants a chance to finish leading the state out of the recession. “Now the economy’s getting much better, and it’s an opportunity for us to rebuild,” he said. 

Here are links to the earlier stories in the series: My Oct. 12 article on the Senate race here, in which Sen. Jim Risch is being challenged by Nels Mitchell; my Oct. 5 story on the 1st CD race here, in which second-term GOP Rep. Raul Labrador is being challenged by longtime state Rep. Shirley Ringo, D-Moscow; my story on the Idaho Secretary of State race here, between Reps. Lawerence Denney and Holli Woodings; my story on the race for state superintendent of schools here, in which Republican Sherri Ybarra and Democrat Jana Jones are facing off; my story here on the wild card role the Libertarian candidate, John Bujak, could play in the governor’s race; and my story on the state treasurer’s race here, in which incumbent Ron Crane faces a challenge from Twin Falls CPA Deborah Silver.

You can also see our Idaho Voter Guide here, with a guide to candidates and races in federal, state, local and legislative races on the ballot in Kootenai County; and visit our Election Central here, for links to all our news coverage related to the election in Idaho and Washington.

What the CCA settlement actually said and didn’t say about civil, criminal liability…

After Gov. Butch Otter said in two recent debates against Democratic challenger A.J. Balukoff that the $1 million settlement the state signed with Corrections Corp. of America over fraudulent billing and understaffing at the state’s largest prison can be “set aside and then we can go after CCA” if the FBI’s investigation turns up anything, I filed a public records request for the provision in the settlement agreement that says that. Here’s what I received: The 9-page Settlement Agreement and Release, which talks about how all claims, past or future, discovered or undiscovered, are settled by the $1 million payment; and a series of emails here.

In the emails, Otter aide Mark Warbis inquires of state Corrections Department officials about this very question. “David (Hensley, Otter’s chief of staff) has a question about the ‘Release and Discharge’ section at the bottom of Page 1,” Warbis writes. “Does this release and discharge apply only to civil claims, or could this potentially block the pursuit of criminal claims should they emerge?”

Mark Kubinski, lead deputy attorney general for the Idaho Department of Correction, responds, “The release section only applies to civil claims. The signatories are Division of Purchasing, IDOC and the Board, none of whom have any authority to waive any potential criminal charges. I’m comfortable with the language as drafted.”

If I'm interpreting this correctly - and please, all you lawyers out there, chime in if I'm not - that suggests that the state could in fact “go after” CCA criminally if the FBI investigation uncovers evidence of criminal wrongdoing, but the settlement agreement would not be “set aside” and the state could not seek any additional civil penalties or damages.

Latest poll shows governor’s race closer than earlier polls suggested…

There’s little public polling in Idaho. So far, the few publicly released polls have shown GOP Gov. Butch Otter far ahead of Democratic challenger A.J. Balukoff, like the CBS News/NYT/YouGov national online poll, which had Otter leading Balukoff 57 percent to 33 percent in its latest round, which ended Oct. 1. Idaho Statesman reporter Rocky Barker writes today that the Republican Governors Association’s decision to invest in a six-figure ad buy for attack ads against Balukoff suggests private polls were showing otherwise. “Now a new poll by a Democratic polling group released this week shows the closer race that the RGA actions suggested,” Barker writes; you can read his full post here.

The poll by PPP Polling, a North Carolina pollster with mainly Democratic clients including the Democratic Governors Association, shows Otter with 39 percent to Balukoff’s 35 percent. It was PPP’s first Idaho poll, and included a full range of questions, from the governor’s race to Broncos-or-Vandals question – the poll came out 49 percent Broncos, 19 percent Vandals, and 12 percent ISU Bengals. The full poll is online here.

GOP school superintendent in Balukoff ad has GOP voting record in Oregon, but hasn’t yet voted in Idaho

An Idaho school superintendent who is featured in an A.J. Balukoff ad saying he’s a lifelong Republican but will vote for Democrat Balukoff in this year’s gubernatorial election hasn’t voted in an Idaho election before, the AP reports, but voted Republican for many years in Oregon before moving to Idaho in 2010. Rob Waite told the AP that he didn't register to vote in Idaho when he moved first moved to the state because he still hadn't sold his house in Oregon.

“I didn't think it was fair to register to vote when I still had a dual residency,” he said. “Did it take me longer to register to vote than I probably should have? Yeah. But it's not until recently I was able to sell my house in Oregon.” In the campaign ad, Waite says he’s planning to cross party lines and vote for Balukoff because of his concern over cuts to schools under GOP Gov. Butch Otter.

Mike Lanza, spokesman for Balukoff’s campaign, said the campaign was aware of Waite's voting history. “I don't think it's misleading,” Lanza said. “Here is an educator who is a Republican who is saying the state is going in the wrong direction. This is a genuine person with genuine beliefs.”

AP reporter Kimberlee Kruesi reports that Oregon voting records show Waite registered as a Republican in 1998 and voted in 16 of the past 20 elections there.

Anti-fracking activist released from Payette jail after refusing to go through booking process for a week

Anti-fracking activist Alma Hasse was released from the Payette County Jail yesterday after being held there for a week – because she refused to go through the booking process that would have allowed her to be cited and released. Hasse was arrested at a public Planning & Zoning Commission meeting on Thursday evening on charges of criminal trespass and resisting and obstructing an officer, both misdemeanors. Once taken to the jail, “The officer gave her the opportunity to be cited and released if she would provide the information that was needed,” said Payette Sheriff’s Capt. Toby Hauntz. “She refused to do that. The jail deputies that were trying to book her let know that if she went through the booking process, they would just issue her a citation and release her.”

Instead, Hasse remained in the jail for seven days, during which time she went on a hunger strike and refused all meals. She appeared before a judge last Friday morning but refused to provide information on arraignment to the judge as well; that was repeated on Tuesday. At that point, the judge issued a $10,000 bond “because she wouldn’t answer his questions and complete the booking process,” Hauntz said.

“I finally went to her on Wednesday and just told her we’ve got to get this done, the judge had told us we need to get the booking process completed,” the sheriff’s captain said. “She finally started talking to me and within five minutes we got everything taken care of.” Going through the booking process, by state law, requires fingerprinting and a photograph, along with providing identifying information; Payette County requires a full name, date of birth, and medical questionnaire. State law, in Idaho Code Section 20-601, says, “Any person who refuses to submit to the entire booking process will be held in the county jail until the process is completed, or until ordered to be released by a magistrate or district judge.”

Hauntz said Hasse went back before a judge on Thursday who released the bond and agreed to release her on her own recognizance; she has a court date in November and a jury trial set for December. “We knew who she was, she had no prior criminal history,” Hauntz said. “Not even 30 minutes after she went to court and the judge reduced the bond, we had her out of custody.”

The Boise Weekly has a report here on Hasse and her jail hunger strike; the site EnviroNews Idaho has a report here, including video, about a protest at yesterday’s Idaho Department of Lands oil and gas lease auction that included Hasse’s daughter, Shavone, who wore a shirt with “Free Alma Hasse” written on the back.

The Idaho ACLU is looking into the case. “We are first of all very concerned about how she actually got removed from the public meeting,” said Leo Morales, interim executive director. “We’re also very concerned how she was then treated once she was in detention in isolation. It’s very concerning to us that government, at this point, has this great authority to just remove someone from a public setting and then charge them with trespassing.”

Morales said Hasse was exercising her right to remain silent and avoid self-incrimination, in her refusal to comply with the booking process. “The government has a way to eventually book someone either as a John or a Jane Doe, but in this case they chose not to do that,” he said. “It’s almost akin to a political prisoner, I would say.”

Idaho Veterans Cemetery says there’s no longer any reason to deny burial to vet’s same-sex spouse

The director of the Idaho State Veterans Cemetery says there’s no longer any reason to deny a request from an Idaho veteran to be buried there with the remains of her same-sex spouse. Maddelyn Lee Taylor, a Navy veteran, filed a federal civil rights lawsuit after her request to be interred at the cemetery along with the ashes of late wife Jean Mixner was denied. “Based on the current law at the time, the spouse was not eligible,” cemetery Director James Earp said today. “So therefore now with the change in decision based off the courts and the state, that is no longer the case. So we will continue on now with scheduling an interment process, once she is available to do so.”

Deborah Ferguson, Taylor’s attorney, said she is working with the Idaho Attorney General’s office to wrap up the federal lawsuit, and expects that to happen early next week. “We’ll be talking about how to draw that to a close,” she said. Taylor is planning to go out to the cemetery to make arrangements next week, she said. She and Mixner were legally married in California in 2008.

“I’m happy to see them comply and recognize Maddelyn’s marriage to Jean and her request for interment,” Ferguson said. “It’s wonderful.” 

Partisan rhetoric reaches new pitch in Idaho County GOP ad

An ad paid for by the Idaho County Republicans now running in the Idaho County Free Press takes partisan rhetoric to a new level: It says, “Voting democrat will assure redistribution of your money, veterans and all military abandoned, unknown illnesses crossing our unsecured borders. Vote & Keep Our Religious Freedom.” The pitch is accompanied by a red, white and blue GOP elephant, and lists the names of local legislative and county GOP candidates Mark Frei, Skip Brandt, Paul Shepherd, Shannon McMillan, Kathy Ackerman, Sheryl Nuxoll and James Zehner.

College of Idaho political scientist Jasper LiCalzi said that type of rhetoric is unlikely to change people’s minds about their votes. “It’s pretty in-your-face, though,” he said.

Idaho auctions off more oil and gas leases

Here’s a news item from the Associated Press: BOISE, Idaho (AP) — The Idaho Department of Lands has auctioned off oil and gas leases on 5,250 acres of state-owned land in southern Idaho for $263,000. The Idaho Department of Lands says Trendwell West Inc. was awarded eight tracts for $190,000 on Wednesday, and that Alta Mesa Idaho was awarded three tracts for $73,000. The leases are for about 4,500 acres in Owyhee County, 600 acres in Cassia County and 160 acres in Gem County. Counting previous auctions, state officials say they've now leased about 98,000 acres of state-owned lands for oil and gas development. On producing wells, the state will receive a 12.5 percent royalty.

Crane, Silver face off in debate over Idaho investments

Idaho state Treasurer Ron Crane’s Democratic challenger, Twin Falls CPA Deborah Silver, went on the attack in a televised debate between the two on Thursday night, charging that Crane should be fired as state treasurer for a fund transfer that auditors say cost state taxpayers at least $10 million. “In the business world, we know how this would end – the treasurer would be fired,” Silver declared. “The only way to fire this treasurer is with your vote. I am running to give Idaho taxpayers a choice for honest stewardship of their tax dollars.”

Crane protested that his office “vociferously disagreed with the findings of the legislative auditors,” and defended his actions in the transfer, which occurred after he said mortgage-backed securities the state had purchased in 2005, 2006 and 2007 were showing $70 million in losses as the housing market collapsed.

“I held those securities and rode out the storm, letting them come back in value toward par,” Crane said. “Last year, 2013, I had enough interest earnings and portfolio gains to wash out five of the seven securities and still show a profit of $122,000 for the general fund and $2 million for all the rest of the portfolios that I manage. I still have two of those securities in my portfolio. A year ago at this time, they were about $17.5 million underwater. Today, as of Friday, they are $9.6 million underwater. So they’re coming back, they’re moving in the right direction.”

Crane charged that legislative auditors wanted him to sell the securities at the time and realize the full $70 million in losses. But a critical state audit report didn’t suggest that; instead, it faulted him for transferring the securities from a local government investment pool to the investment fund for state money, shifting the losses to state taxpayers rather than local governments. You can read my full story here at

State treasurer candidates debate tonight on Idaho Public TV

Tonight on Idaho Public Television, state Treasurer Ron Crane and Democratic challenger Deborah Silver will debate at 8:30 as part of the “Idaho Debates,” co-sponsored by the Idaho Press Club and the League of Women Voters of Idaho. After tonight’s debate, the series continues with the candidates for state superintendent of schools on Oct. 21 at 7 p.m., lieutenant governor Oct. 30 at 8:30 p.m., and candidates for governor facing off Oct. 30 at 7 p.m.

Jerome Cheese Co. agrees to $88K EPA settlement over anhydrous ammonia

Here’s a news item from the Associated Press: BOISE, Idaho (AP) — A south-central Idaho cheese producing company has agreed to pay the federal government $88,000 following allegations it failed to properly adhere to regulations involving a colorless gas that can cause temporary blindness. Jerome Cheese Company admitted to no lapses in its handling of some 10,000 pounds of anhydrous ammonia each year in agreeing to the settlement. The U.S. Environmental Protection Agency contends the company violated the Clean Air Act due to poor record keeping, incomplete safety system information and a lack of timely safety training based on a 2011 inspection. On Thursday the EPA announced that the company has since corrected the violations. The colorless gas is commonly used in industrial refrigeration systems.

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Betsy Z. Russell covers Idaho news from The Spokesman-Review's bureau in Boise.

Named best state-based political blog in Idaho for 2013 by The Fix

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