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Spokane, Washington  Est. May 19, 1883

Eye On Boise

Two vie for open Idaho Supreme Court seat

Here's my full story from today's S-R:

By Betsy Z. Russell

The two attorneys facing off for an open Idaho Supreme Court seat have taken decidedly different approaches to their campaigns.

Curt McKenzie, a seven-term GOP state senator from Nampa, has leaned hard on partisan ties and interest group endorsements, though the position he’s seeking is a nonpartisan one. The approach backfired in August, when the Fraternal Order of Police – which had long worked with McKenzie on legislation – withdrew its endorsement after he twice represented criminal suspects who unsuccessfully sued police officers for using excessive force.

But McKenzie did get a boost this week when a prominent Idaho business lobbying group, the Idaho Association of Commerce and Industry, launched an independent radio ad campaign in his favor through its political action committee.

Robyn Brody, an attorney in private practice from Rupert, has tallied up endorsements from individuals, rather than groups, and they’ve been decidedly bipartisan, though she has past GOP ties as well. Over the years, Brody has made campaign contributions to several Idaho legislative candidates, according to state records, all of them Republicans.

Three weeks ago, she announced the endorsements of an array of prominent people in law enforcement in Idaho, including eight sheriffs and 18 county prosecutors – some of whom were still upset with McKenzie over the excessive force lawsuits.

Brody’s campaign has been backed by attorneys all over the state; in a new Idaho State Bar survey released last week, she was rated nearly twice as high in her qualifications for the high court as McKenzie.

She’s also drawn $34,900 in campaign contributions since June, all either from individuals or law firms; McKenzie’s $14,901 in campaign fundraising during the same period largely came from GOP state legislators, lobbyists and PACs.

But there is precedent in Idaho, which is heavily Republican, for an approach like McKenzie’s paying off. Current Justice Dan Eismann portrayed himself as the conservative candidate and courted GOP and anti-abortion groups during his campaign, as McKenzie has; he defeated then-Justice Cathy Silak with 58.6 percent of the vote in 2000.

McKenzie, 47, says he believes his background as a state legislator will serve him well on the state’s highest court. “I won’t try to impose policies that differ from what’s expressed in the plain language in statutes, because in part I’ve got the background,” he said. “I think it’s a useful background to have for someone who goes on the bench.”

Brody, 46, believes her 20 years of practicing law in Idaho prepares her for the court; she’s a past president of the Fifth District Bar Association and 2014 recipient of the Idaho State Bar’s Professionalism Award. “Frankly, I think it’s time that a woman be back on the bench,” she said. “I’d also like to see someone from rural Idaho there.”

Idaho’s highest court has been all-male since Justice Linda Copple Trout retired in 2007.

The two candidates are in a runoff in the November election after coming out on top in a four-way primary race for the position in May. Brody was the top vote-getter in that contest, with 30.3 percent of the vote; McKenzie was second, with 27.7 percent.



Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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