State Bar to host forum for SupCourt hopefuls; McKenzie first says he’ll skip for campaign fundraiser, then changes plan

The Idaho State Bar will host a forum for the candidates running for the Idaho Supreme Court this spring on Tuesday, April 19, at the Idaho Law & Justice Learning Center; the 4-6 p.m. forum will be streamed live online. The state Bar announced that attorney Robyn Brody of Rupert; Idaho Court of Appeals Judge Sergio Gutierrez of Nampa; and longtime Deputy Attorney General Clive Strong of Boise; all will participate, but the fourth candidate, state Sen. Curt McKenzie, R-Nampa, “said he could not attend due to a previously scheduled election event.”

McKenzie told Eye on Boise this afternoon that he’s hoping he can attend after all. “I had a fundraiser set that night a long time ago,” he said, also from 4-6 p.m. and also in Boise. But, he said, “I’m still figuring out what role we as a candidate have with respect to those.” Under Canon 5 of the Idaho Code of Judicial Conduct, candidates for judicial office are under strict restrictions with regard to campaign fundraising; Canon 5 says, “A candidate shall not solicit campaign contributions in person.”

They’re only allowed to solicit contributions through a committee – and the committee’s not supposed to tell the judge who gave, even though it’s a matter of public record. “Judicial candidates and judges should avoid obtaining the names of contributors to the judicial campaign,” the canon says.

McKenzie said he’d been seeking advice from past judicial candidates. “I may not even be able to go there,” he said of the fundraiser. Late this afternoon, he spoke with the director of the Idaho Judicial Council, and was advised that he could “be there and introduce yourself, and then leave when they basically are starting the event.”

He said the idea is to avoid the judicial candidate participating in the fundraising. But since political fundraisers typically charge for admission, rather than soliciting donations during the event itself, McKenzie said he decided this afternoon, “I’m just going to have my committee host the event, and I won’t even go over there while it’s going on.” And, he’ll contact the state Bar and let them know he’ll participate in the candidate forum.

“Hopefully they’ve got four chairs still,” he said with a chuckle. “It’s interesting because it’s so different than other races. … I don’t want to… have any issues.” He said he may swing by the fundraiser after its official end. “I don’t think people will make contributions there, but if they did, it would be done, so it wouldn’t be an issue,” he said.

McKenzie has been elected to the state Senate as a Republican from Nampa seven times, but this is the first time he’s sought judicial office.

The election for the nonpartisan post is May 17, during Idaho’s primary election. If no candidate gets more than 50 percent, the top two vote-getters will face off in the November general election. The vacancy comes as current Chief Justice Jim Jones retires, stepping down at the end of his current term.

Incidentally, next Tuesday won’t be the only time the candidates for justice face off. The Idaho Debates, sponsored by the Idaho Press Club, Idaho Public Television and the League of Women Voters of Idaho, are working to organize a televised debate for the Supreme Court candidates that will be broadcast statewide.