Challenge to court appointment dismissed

BOISE — Fourth District Judge Michael McLaughlin has dismissed a lawsuit filed by Idaho Democrats challenging the legality of Gov. Dirk Kempthorne’s most recent choice to serve on the Idaho Judicial Council.

Longtime Boise Democrats Kathy Troutner and her husband, Ernie Johnson, had claimed that former Kempthorne Chief of Staff Phil Reberger’s appointment to the panel violated the limit of three Republicans on the panel. The lawsuit also claimed it violated the ban on appointing people who are already being paid for holding another state office.

But in his ruling, Judge Michael McLaughlin said the plaintiffs didn’t have adequate legal standing in the case. He also said the arguments were better suited to a political arena.