Council tells AG to hire lawyer to challenge gambling initiative

BOISE – The Legislature’s governing council directed Attorney General Lawrence Wasden on Thursday to hire a special attorney to challenge the constitutionality of the 2002 Indian gambling initiative.

Senate Republican Floor Leader Bart Davis of Idaho Falls secured the 10-4 approval of the directive at the close of a daylong meeting to handle issues that must be dealt with when the Legislature is not in session.

Only four of the panel’s six Democrats objected to the state stepping in to challenge its own laws.

Wasden declined to handle any legal challenge of the law because it would conflict with his duty to defend the constitutionality of state laws.

Although the initiative was enacted, the state’s policy has been that the machines are the same as slot machines, which the constitution bans. The tribes claim the machines are electronic versions of the state lottery games and therefore legal.