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Troupis: Party needs to unify

July 29, 2014 11:45 a.m. - Updated: 11:47 a.m.

Christ Troupis, attorney for Barry Peterson in his unsuccessful lawsuit to remain Idaho Republican Party chairman, said Peterson pursued it in order to address concerns from some in the party that party rules weren’t being followed.  “We don’t want to preserve a conflict,” he said, noting that no appeals were contemplated. Troupis, who unsuccessfully challenged GOP Attorney General Lawrence Wasden in the primary this year, said the party needs to unify.

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Peterson accepts ruling, says he won’t run again on Aug. 2

July 29, 2014 11:24 a.m. - Updated: 11:26 a.m.

Barry Peterson had this to say after 5th District Judge Randy Stoker ruled he’s no longer chairman of the Idaho Republican Party: “The judge made a ruling, and I’m comfortable with what the judge did.” As for what the party does next, he said, “I’m not the chairman, so it’s not up to me.” Peterson said he won’t appeal and never intended to.

He also said he won’t run for state party chairman on Aug. 2, when the state party Central Committee chooses the new leaders. He said he’s heard of three candidates: Steve Yates, Doug Pickett and Mike Duff. “I’m happy for all of them,” he said.

Christ Troupis, Peterson’s attorney, said Peterson met with Gov. Butch Otter yesterday and offered to resign as party chairman, “And the governor said you can’t resign because you’re no longer chairman,” Troupis said. “Barry wanted the process for the integrity of the party.”

Peterson declined to discuss his meeting with Otter. “We visited on Saturday, on Sunday, and on Monday,” he said. “On each day, I got a different reflection of the governor. … It was clear to me that the lobbyists and his staff had significant influence on his position.”

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Judge: Peterson is no longer Idaho GOP chairman

July 29, 2014 10:17 a.m. - Updated: 10:19 a.m.

Fifth District Judge Randy Stoker today rejected a bid from embattled former Idaho GOP Chairman Barry Peterson to hold onto the chairmanship by blocking a scheduled Aug. 2 state central committee meeting to choose new leaders. “His term has expired,” Stoker told the court.

The judge’s ruling came after extensive arguments that lasted for more than two hours in court this morning in Twin Falls. “This is not a question of this court taking any position with regard to what the Republican Party should do in this state,” Stoker said. “I have no dog in this fight, so to speak.”

The Aug. 2 party central committee to choose new leaders will go forward, the judge ruled. “It is your business what you do there,” he told the party members from both sides. You can read my full story here at spokesman.com.

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Some of the back-and-forth in court: ‘The party is in trouble’

July 29, 2014 9:19 a.m. - Updated: 9:20 a.m.

Christ Troupis, attorney for embattled GOP Chairman Barry Peterson and six supporters, told the court this morning, “We believe the chairman was re-elected at the convention by the delegates.” Judge Randy Stoker asked him, “Let’s go back to what happened at the convention. You agree, it’s undisputed, that the parliamentarian of the Republican Party has publicly said, ‘I made a mistake.’” Parliamentarian Cornel Rasor said after the convention that he erred in advising that adjourning the convention would have the effect of extending current officers’ terms for another two years. “Why is that not the end of this dispute?” the judge asked Troupis. “Isn’t that a political determination?”

“I agree,” Troupis said. “All of those were political actions. The delegates acted in reliance upon the statement, if you adjourn like this, these officers remain in place. The subsequent statement ‘I made a mistake’? Well, there’s a lot of politicians who make those kinds of statements. … Maybe he didn’t make a mistake. … I happen to disagree with him.” Troupis said, “What he said that was relied upon by the convention delegates at the convention, he can’t recant after the convention and say, ‘Oops, my foul.’ The point is the vote was taken based upon what he said.” He added, “I wish the parliamentarian had been more careful at the time, but the fact that he wasn’t doesn’t un-ring the bell.”

That prompted this question from the judge: “I know what your clients think they voted on. … What did the other 521 people think? How am I supposed to know?” Troupis responded, “You can’t.” When the judge suggested the only way to know was to call in all 521 to testify, Troupis said he didn’t think that was necessary. “They were told this is the effect of your vote, and they voted in accord with that,” he said.

Troupis said, “There’s an entire side of the party that is very disgruntled and upset right now and the party is in trouble.” To that, the judge said, “That may be, but that’s not something that I can fix, is it.”

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Judge denies motion to dismiss, will hear full Idaho GOP case this morning on merits…

July 29, 2014 8:39 a.m. - Updated: 8:40 a.m.

Fifth District Judge Randy Stoker has denied the motion to dismiss Barry Peterson’s lawsuit over chairman of the Idaho Republican Party, saying he’ll instead move to hear the full merits of the case this morning, after a 10-minute break. The judge said he believes state statute cites party rules, so they can be enforced by the court. “I think that this case involves both political questions and questions of whether there has been a statutory and therefore a rule violation,” Stoker said. “It’s a mixed issue.” A 1908 Idaho Supreme Court case involving a fight between competing delegations in the Idaho Democratic Party set the precedent on that, he said.

“The court has no stake in who is elected chairman or vice chairman or secretary or treasurer of this party or any other party,” Stoker said. “The issue that I have is are you following the rules, it’s just that simple.” He said his decision to deny the motion to dismiss shouldn’t be taken as a sign he’s leaning either way on the case as a whole. Peterson is seeking an injunction to block the Idaho Republican Party from holding an Aug. 2 state central committee meeting to select new leaders.

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Role of First Amendment in Idaho Republican Party case…

July 29, 2014 8:24 a.m. - Updated: 8:25 a.m.

Christ Troupis, attorney for Barry Peterson, argued that the First Amendment’s free speech guarantees are implicated in the Idaho Republican Party lawsuit Peterson’s brought in an attempt to keep the chairmanship. “All political activity is First Amendment protected,” Troupis told the court. “Any loss of First Amendment rights is an irreparable injury.”

Tim Hopkins, attorney for the two party officials Peterson sued, told the court, “My God, nobody’s short on freedom of speech in these instances. … I don’t think there’s been any limitation or restriction on anybody’s freedom to speak. … I don’t think there’s been any limitation or restriction on anybody’s freedom to speak.” Hopkins said, “The efforts here to create  legal question out of what is clearly a political feud, if you will … It has no sound basis in law for the court’s consideration.”

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Judge tells court he’ll decide Idaho GOP case today

July 29, 2014 8:16 a.m. - Updated: 8:21 a.m.

Fifth District Judge Randy Stoker told the court his morning that he will rule today in the Idaho Republican Party lawsuit, in which two wings of the party are fighting over the chairmanship. “‘This is a very unique proceeding,” Stoker said. “I’m going to give you a ruling at the end of the day.”

More than two dozen people are in the audience. The judge told the court he’s studied all the briefing and affidavits, pored over Idaho Republican Party rules and watched video of the state GOP convention and a rules committee meeting.

Among the arguments: Timothy Hopkins, attorney for party Vice Chairman Mike Mathews and National Committeewoman Cindy Siddoway, told the court: “There are winners and losers inevitably in a political setting like this one, but there is not irreparable injury.” Therefore, he argued, no injunction is warranted.

Christ Troupis, attorney for embattled Chairman Barry Peterson, cited Bush vs. Gore and the Idaho closed GOP primary case. “The courts involve themselves in the affairs of political parties every day,” he said.

The audience is quiet and attentive. A sign in the corridor outside warns that a ringing cell phone in court can bring a $100 fine.

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Embattled GOP chairman contends he’s facing ‘hostile takeover’ by ‘rogue members’

July 28, 2014 3:43 p.m. - Updated: 3:45 p.m.

Lots of interesting stuff in the court filings in the Idaho Republican Party case, including a link to a YouTube video of the final four minutes of the Idaho GOP convention; you can watch it here. In it, convention Chairman Raul Labrador calls for adjourning the convention, and a motion is made to suspend the rules to allow the convention to continue past its scheduled ending point. Asked by Sen. Steve Vick, R-Dalton Gardens, what happens if the convention adjourns without any votes on leadership, Labrador confers with parliamentarian Cornel Rasor and then says, “Platform stays the same, the officers stay the same.” A voice vote is taken, with the “no” votes much louder, and Labrador says, “The nays have it and we are adjourned.”

However, Rasor later told the Lewiston Tribune he “inadvertently misread the rules.” “It was my fault, not Raul’s,” Rasor told Tribune reporter Bill Spence in a June 25 article that’s among the documents filed in court. State party rules specifically say there “shall be no automatic succession to the office of state chairman.”

Christ Troupis, attorney for embattled Chairman Barry Peterson and six of his supporters, contends it doesn’t matter – the 527 delegates at the convention thought that was the result of adjourning. Any other interpretation, he wrote in court documents, “threaten(s) to nullify the votes of 527 convention delegates.”

Timothy Hopkins, attorney for party Vice Chairman Mike Mathews and National Committeewoman Cindy Siddoway, whom Peterson has sued in an attempt to halt an Aug. 2 party central committee meeting to choose new leaders, wrote, “No vote for chairman was held. No vote for any officer was held.”

“The entirety of plaintiff’s claim for relief is based on a significant mistake and misreading of the rules at the end of the convention,” Hopkins wrote. “No constitution or statute permits a group of individuals to conjure a right to use mistaken information in order to lay claim to party leadership positions.” You can read my full story here at spokesman.com.

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State: Prison takeover had ‘challenges’

July 28, 2014 3:06 p.m. - Updated: July 29, 3:43 a.m.

Here’s a news item from the Associated Press: BOISE, Idaho (AP) — Idaho prison officials say they had to have thousands of dollars' worth of medications shipped overnight to the state's largest prison after the former operator, Corrections Corporation of America, left the facility without a promised 8-day supply of inmate medications. IDOC officials also say they discovered that some chronically ill inmates went without needed medical care and that some records were missing when they assumed control of the prison last month. But CCA officials say those claims are without merit and don't match the condition of the facility CCA handed over to the state. CCA spokesman Steve Owens also says no one from the Idaho Department of Correction has contacted the Nashville, Tennessee-based company to communicate any concerns. The IDOC Board will discuss the issue during a meeting on Wednesday.

Click below for a full report from AP reporter Rebecca Boone.

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Balukoff knocks Otter for destroying public records, also incorrectly says records law is in Constitution

July 28, 2014 10:53 a.m. - Updated: 12:36 p.m.

A.J. Balukoff, Democratic candidate for governor, is criticizing GOP Gov. Butch Otter for destroying 22 of the 37 applications for two recent openings on the state Board of Education, saying Otter isn’t following through with his pledge to emphasize openness in government, made when he appointed a state public records ombudsman in his office this spring. However, in his statement, he mixes up the Idaho Public Records Law and the state Constitution. “That was my error,” said Mike Lanza, communications director for Balukoff’s campaign; he said a corrected statement is in the works. “We’re talking about the law here,” Lanza said. (Update: A corrected statement was posted within an hour.)

Balukoff said, “Gov. Otter made a great show of this appointment, which followed a request from newspaper publishers for better government compliance with the freedom of information and public-records laws. The Otter administration’s handling of this episode raises two questions: How committed is the governor to obeying state open-records law? And why would his administration conceal from us some applicants for a high-profile state board?”

Balukoff also charged that Otter’s move violated the state Constitution, incorrectly attributing a passage from the Public Records Act to the Idaho Constitution. “The public has the constitutional right to know who’s seeking positions in government, and there was no legitimate reason to have destroyed those records,” he said.

Otter’s public records ombudsman, Cally Younger, told Idaho Education News that the applications were destroyed because they contained personal information; the news outlet had requested all the applications. But those that weren’t destroyed, and were released, also contained personal information such as driver’s license numbers; it was redacted, or blacked out, in the released versions.

Lanza said, “The language is pretty darn clear in that statute – it seems to be clear to us, anyway, as to what the government should be doing.” Balukoff’s full statement is online here.

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