Deputy Attorney General Jim Carlson: “The Legislature wants this case to end…”
Justice Linda Copple Trout, amid laughter: “They’re not the only ones.”
Retired Justice Wayne Kidwell, to Carlson: “Are you arguing that the system is broken or not?”
Robert Huntley, attorney for the school districts: “The only person in America who’s testified that these things fixed the system was the attorney general, and he’s not sworn to testify.”
The arguments were intense and the questioning from the justices sharp, but there were a few light moments. One came just after Huntley had begun his argument, when the red light signifying that his time was up inexplicably lit up. He stopped, and asked if his red light was on. As the acting court clerk apologized and turned it off, the justices started laughing and thanking him for his (very short) arguments.
Surprisingly, Deputy Attorney General Michael Gilmore, who has made the previous arguments in the case before both the district court and the Idaho Supreme Court, sat silent this time and allowed Carlson to argue for the state. Asked why afterward, Gilmore said, “It was probably time to bring some new blood in on that.” But when the justices filed past the attorneys at the close of the arguments, one told Gilmore he missed him.