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>> WELCOME TO THE IDAHO 
DEBATES.

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A LOOK AT THE CANDIDATES ON A 
GENERAL ELECTION BALLOT FOR THE

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IDAHO SUPREME COURT.

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THE IDAHO DEBASE IS A 
COLLABORATIVE PROJECT OF THE

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IDAHO PRESS CLUB, THE LEAGUE OF 
WOMEN VOTERS OF IDAHO, BOISE

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STATE UNIVERSITY SCHOOL OF 
PUBLIC SERVICE AND IDAHO PUBLIC

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TELEVISION.

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THE IDAHO DEBATES ARE ALSO 
BROUGHT TO YOU BY THE

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CONTRIBUTIONS TO THE IDAHO 
PUBLIC TELEVISION ENDOWMENT.

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>> HELLO.

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WELCOME TO THE IDAHO DEBATES 
ARRIVE FROM THE TOYED PUBLIC

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TELEVISION STUDIOS IN BOISE.

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THIS IS OUR FIRST AND ONLY 
DEBATE OF THE SEASON BUT IT'S A

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GOOD ONE, THE ONLY TELEVISED 
DEBATE WITH THE CANDIDATES VYING

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TO BE THE STATE'S NEXT SUPREME 
COURT JUSTICE.

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A SUPREME COURT JUSTICE IN IDAHO 
IS ONE OF FIVE WHO WILL WORK AS

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ULTIMATE AND FINAL LEGALITY 
AUTHORITY IN THE STATE.

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THEY HAVE THE LAST SAY IN IDAHO 
LEGAL MATTERS THEIR DUTIES ARE

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EXECUTION OF FAIR, IMPARTIAL 
DELIBERATION AND RULINGS ON SOME

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OF THE MOST DIFFICULT LEGAL 
QUESTIONS IN THE STATE,

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PROTECTING EQUAL ACCESS TO 
JUSTICE AND PROTECTING THE

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CONSTITUTIONAL RIGHTS OF THE 
PEOPLE OF IDAHO.

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TONIGHT WE WELCOME TWO 
INDIVIDUALS WHO ARE ASKING FOR

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YOUR VOTE.

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ROBYN BRODY HAS PRACTICED LAW IN 
THE MAGIC VALLEY FOR 20 YEARS.

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SHE SERVED AS PRESIDENT OF THE 
5th DISTRICT IDAHO BAR

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ASSOCIATION SHE GRADUATED FROM 
THE UNIVERSITY OF DENVER COLLEGE

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OF LAW.

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CURT McKENZIE GRADUATED FROM 
THE GEORGETOWN UNIVERSITY LAW

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CENTER.

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HE WORKED ONE YEAR IN THE ADA 
COUNTY PROS KITING ATTORNEY'S

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OFFICE AND SIX YEARS IN CIVIL 
LITIGATION.

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HE SERVED SEVEN TERMS IN THE 
NORTH IDAHO SENATE AND WAS

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PRESIDENT OF THE PACIFIC 
NORTHWEST ECONOMIC REGION.

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ALSO ON STAGE WITH ME IS OUR 
PANEL OF REPORTERS SELECTED BY

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THE IDAHO PRESS CLUB.

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THEY WILL ASK QUESTIONS AND 
BETSY RUSSELL OF THE SPOKESMAN

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REVIEW AND REBECCA BOONE OF THE 
ASSOCIATED PRESS.

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I'M MELISSA DAVLIN.

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I'M MODERATING TONIGHT'S DEBATE 
AND WILL DO MY BEST TO MAKE SURE

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ALL CANDIDATES GET EQUAL TIME 
AND STAY ON POINT.

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TO REMIND THEM HOW LONG THEY 
HAVE BEEN TALKING IS OUR

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REPRESENTATIVE FROM THE LEAGUE 
OF WOMEN VOTERS.

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MORE FOCUS ON INTELLIGENT 
DISCUSSION THAT HELPS THE VOTER

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CAST A MORE INFORMED BALLOT.

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EACH WILL BE GIVEN ONE MINUTE 
FOR OPENING COMMENTS AND ONE FOR

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CLOSE.

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WE FLIPPED A COIN AND SENATOR 
McKENZIE, THE HONOR GOES TO

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YOU YOU.

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>> THANK YOU FOR WATCHING.

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I'M CURT MUCK KENZIE.

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EYE BELIEVE I'M THE RIGHT 
COURTHOUSE FOR ID TO SUPREME

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COURT BASED ON MOI PHILOSOPHY, 
BROAD WORK EXPERIENCE AND RECORD

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OF PUBLIC SERVICE.

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MY PHILOSOPHY IS A SIMPLE ONE.

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APPLY THE CONSTITUTION AND 
STATUTES AS WRITTEN.

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MY EDUCATION IS ROOTED IN IDAHO 
ON THE THIRD GENERATION TO GO TO

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NAU.

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THEN I WENT TO GEORGETOWN AND 
STUDIED LAW.

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FROM THERE I HAVE WORKED FOR 
LARGE NATIONAL LAW FIRMS DOING

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COMPLEX CIVIL LITIGATION.

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I PROSECUTED CRIMES ON BEHALF OF 
IDAHO AND HAVE HAD MY OWN

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PRACTICE REPRESENTING 
INDIVIDUALS AND SMALL

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BUSINESSES.

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I'M PROUD OF MY RECORD OF PUBLIC 
SERVICE IN THE IDAHO SAID

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SENATE.

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IDAHO HAS A LONG TRADITION OF 
JUSTICES HAVING PUBLIC SERVICE

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IN THE ELECTED ARENA.

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I BELIEVE IT'S AN ASSET FOR THE 
COURT.

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AGAIN, I'M CURT MCSEND PSI.

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I'M ASKING FOR YOUR VOTE ON 
NOVEMBER 8.

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>> NEXT FROM ROBYN BRODY.

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>> SINCE THIS RACE STARTED I 
HAVE SPENT COUNTLESS HOURS IN

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THE CAR.

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I HAVE TRAVELED MORE THAN 28,000 
MILES ACROSS THIS STATE.

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PEOPLE HAVE INVITED ME INTO 
THEIR POLITICAL MEETINGS, INTO

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THEIR BUSINESS ROOMS, THEIR 
BUSINESS BOARDROOMS, INTO THEIR

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HOSPITALS, INTO THEIR CHURCHES, 
LIBRARIES, THEIR HOMES.

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I HAVE HAD THE CHANCE TO LISTEN 
TO THE PEOPLE OF IDAHO.

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I HAVE ALSO HAD 15 CHANCE TO 
TALK TO THEM AND EDUCATE THEM

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ABOUT THE IDAHO SUPREME COURT.

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WHAT WE DO AND WHAT WE DON'T DO.

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THE IDAHO SUPREME COURT IS THE 
FINAL DECISION MAKER ON THE

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IDAHO CONSTITUTION.

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ON IDAHO LAW.

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THEY MANAGE THE SYSTEM, WE 
MANAGE FOR THE ENTIRE STATE, THE

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ENTIRE JUDICIAL SYSTEM.

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BUT WHAT WE CAN'T DO IS CHANGE 
THOSE DECISIONS THAT ARE MADE BY

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THE SUPREME COURT OF THE UNITED 
STATES AND WASHINGTON D.C.

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WE'RE IN CHARGE OF THE IDAHO 
CONSTITUTION.

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OUR RIGHT TO BEAR ARMS, TO HUNT, 
FISH AND TAKE CARE OF VICTIMS'

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RIGHTS.

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THOSE ARE THE THINGS THATTED IT 
HO -- IDAHO CONSTITUTION AND

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SUPREME COURT CAN PROTECT.

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>> THANK YOU SO MUCH.

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THE FIRST QUESTION WILL COME 
FROM REBECCA.

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>> YOU SAID THAT YOU NEED TO 
FOLLOW THE LAW REGARDLESS OF

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PUBLIC OPINION.

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SENATOR McKENZIE YOU JUST 
MENTIONED YOU FAVOR A MORE TEXT

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WALLIST APPROACH, APPLYING PLAIN 
LANGUAGE OF LAW TO A LEGAL

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QUESTION WITHOUT UNDUE REGARD 
FOR THE RESULTS.

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DO YOU THINK THERE'S EVER ROOM 
FOR A MORE ARISTOTLE INFLUENCE

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WHERE YOU MAY CONSIDER WHAT A 
REASONABLE LEGISLATURE MAY HAVE

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INTENDED?

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>> THANK YOU FOR THAT QUESTION.

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I BELIEVE THAT QUESTION REALLY 
ADDRESSES THAT FUNDAMENTAL ISSUE

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OF SEPARATION OF POWER.

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AND IT'S THOSE CASES WHERE YOU 
TALK ABOUT WHERE A JUSTICE MAY

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WANT TO DO WHAT THEY BELIEVE IS 
RIGHT IN A PARTICULAR SITUATION,

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THAT THEY ARE MOST LIKELY TO 
WANT TO TRY AND INTERPRET THE

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LANGUAGE IN A WAY THAT THEY 
THINK PRODUCES THE RIGHT RESULT

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EVEN IF IT DOESN'T QUITE DO 
JUSTICE TO THE TEXT.

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THOSE ARE THE CIRCUMSTANCES I 
BELIEVE IT'S FUNDAMENTALLY

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IMPORTANT FOR A JUSTICE TO APPLY 
THE TEXT OF WHAT'S WRITTEN AND

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TO DO SO APPLYING THE LANGUAGE 
AS IT WAS UNDERSTOOD AT THE TIME

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THE CONSTITUTION WAS RATIFIED OR 
THE STATUTE PASSED.

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>> WHAT HAPPENS WHEN CASE LAW 
SUGGESTS A RESULT THAT WOULD BE

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INELKIBLE TO THE PARTIES?

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IDAHO'S CONSTITUTION MADE IT 
ILLEGAL FOR MORMONS TO VOTE

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UNTIL ABOUT 1882 -- 1982.

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MANY OF OUR TRANSPORTATION LAWS 
WERE WRITTEN BEFORE DRIVERLESS

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CARS WERE CONSIDEREDAR 
POSSIBILITY.

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>> OUR CONSTITUTION CAN BE 
AMENDED OVER TIME.

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IN FACT IN IDAHO OVER 130 TIMES 
THE PEOPLE HAVE GONE BACK AND

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AMENDED THE CONSTITUTION.

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IT'S THEIR RIGHT TO DO SO.

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BUT IT SHOULDN'T BE UP TO 
JUDGES.

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THREE JUDGES WHICH WOULD BE A 
MAJORITY ON OUR COURT, TO SET

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THAT POLICY.

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IT'S UP TO PEOPLE TO FIX THOSE 
INEQUITIES.

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OUR LEGISLATURE, WHICH IS 
ELECTED TO TWO-ER TERMS IS

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CLOSELY RESPONSIVE TO THE PEOPLE 
THAT ELECT THEM.

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THEY SET THE POLICY.

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THERE ARE TIMES THEY NEED TO 
CHANGE THAT LAW OR THE PEOPLE

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WILL WANT TO AMEND THE 
CONSTITUTION AND THERE'S A

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PROCESS TO BE FOLLOWED.

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>> OKAY.

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MRS. BRODY I WOULD ASK YOU THE 
SAME QUESTION.

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DO YOU FAVOR A TEXT TU AL 
APPROACH OR DO YOU TAKE THE

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APPROACH TRYING TO INTERPRET 
WHAT A REASONABLE LEGISLATURE

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MAY HAVE DONE OR INTENDED WHEN 
THEY CREATED A LAW?

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>> I THINK THE GOOD AND FAITHFUL 
JUDGE LOOKS AT WHAT'S WRITTEN,

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WHAT'S THERE IN PLAQUE AND 
WHITE, AND EVEN WHEN IT MEANS

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THAT YOU DON'T LIKE THE RESULT, 
YOU HAVE TO UNDERSTAND THAT

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LINE.

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NOW, LET ME BE CLEAR, JUDGES 
STILL JUDGE, AND JUDGES JUDGE

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EVERY DAY EVEN SOMETIMES IN THE 
STATUTES THAT ARE PASSED BY THE

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LEGISLATURE.

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I'M THINKING ABOUT AN ATTORNEY 
FEE STATUTE IN IDAHO THAT ALLOWS

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FOR JUDGES OR TELLS JUDGES THAT 
THEY MAY AWARD FEES.

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SO OF COURSE IT'S GOING TO BE UP 
TO THE COURT TO DECIDE WHEN ARE

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THE RIGHT CIRCUMSTANCES.

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JUDGES ARE NOT -- WE'RE NOT AUTO 
MA TONS.

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WE DON'T MAKE DECISIONS WITH 
SIMPLE DATA IN AND DATA OUT.

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AT THE END OF THE DAY, JUDGES 
JUDGE.

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>> SO AS A FOLLOW-UP I THINK 
ACTUALLY EARLIER THIS YEAR THE

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IDAHO SUPREME COURT WAS REMANDED 
BY THE U.S. SUPREME COURT TOLD

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TO APPROACH THE WAY IT AWARDS 
ATTORNEYS FEES DIFFERENTLY

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BECAUSE APPARENTLY IT DIDN'T 
JIVE WITH FEDERAL CASE LAW.

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IS THERE EVER A POINT WHERE YOU 
MOVE AWAY FROM THE TEXTUALISM TO

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INTERPRET CASE LAW AS IT'S BEING 
INTERPRETED BY OTHER JUDGES WHO

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MAY TAKE A DIFFERENT PHILOSOPHY 
APPROACH?

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00:08:49,629 --> 00:08:53,066
>> YOU'VE ALWAYS GOT TO USE 
COMMON SENSE AND BE ABLE TO

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ADDRESS NEW SITUATIONS THAT THE 
CONSTITUTION DIDN'T ENVISION.

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CERTAINLY NO ONE, NONE OF OUR 
FOUNDING FATHERS ENVISIONED TEXT

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MESSAGING AS A FORM OF 
COMMUNICATION.

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YOU HAVE TO BE ABLE TO DO THAT.

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00:09:08,114 --> 00:09:13,486
EVEN JUSTICE SCALIA WOULD TELL 
YOU YOU HAVE TO USE YOUR HEAD.

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NOBODY IS SUGGESTING THAT YOU 
DON'T.

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BUT YOU HAVE GOT TO BE VERY 
CAREFUL AND UNDERSTAND THAT AT

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THE END OF THE DAY, WHEN IT 
COMES TO MAKING POLICY, THAT

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ROLE IS THE ROLE OF THE 
LEGISLATURE IS CRITICAL AND THE

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COURTS SHOULD NOT BE THE ONES 
THAT SET THE POLICY FOR THE

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STATE.

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>> SO MRS. BRODY, THIS QUESTION 
IS FOR BOTH OF YOU, IF YOU WERE

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ON THE IDAHO SUPREME COURT IN 
1980, TWO YEARS PRIOR TO VOTERS

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REMOVING THAT CLAWS FROM THE 
IDAHO CONSTITUTION THAT FORBADE

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MORMONS FROM VOTING WOULD YOU 
THINK IT YOUR DUTY TO ENFORCE

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THAT BAN ON ITSENS WHO WERE OF 
THE MORMON FAITH FROM VOTING?

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>> WE LOOK CAREFULLY AT THE 
PRECEDENT, COURT DECISIONS MADE

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BEFORE THEN, AT THE TEXT, ALL OF 
THE TOOLS THAT JUDGES HAVE IN

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ORDER TO MAKE DECISIONS.

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I CAN'T TELL YOU WHAT I WOULD DO 
THEN OR EVEN NOW IF THE ISSUE

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WERE TO COME UP BECAUSE WE CAN'T 
REALLY TELL PEOPLE THE POSITIONS

185
00:10:12,746 --> 00:10:14,881
THAT WE WOULD TAKE ON GIVEN 
ISSUES.

186
00:10:14,881 --> 00:10:20,286
BUT I WILL TELL YOU THAT YOU 
HAVE TO -- JUDGES HAVE LOTS OF

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TOOLS AVAILABLE, PRECEDENT AND 
TEXT.

188
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WHAT'S THERE IN PLAQUE AND 
WHITE.

189
00:10:24,557 --> 00:10:27,293
AND THEY HAVE CONSTITUTIONAL 
AMENDMENTS AS WELL.

190
00:10:27,293 --> 00:10:30,830
>> SENATOR McKENZIE, SAME 
QUESTION.

191
00:10:30,830 --> 00:10:36,736
>> IT'S LOOKING AT THAT ISSUE, 
THE DUE PROCESS CLAWS OF THE

192
00:10:36,736 --> 00:10:41,307
14th AMENDMENT PROTECTS THOSE 
TYPES OF RIGHTS THAT WERE

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TRADITIONALLY RECOGNIZED AT THE 
TIME IT WAS RATIFIED.

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APPLYING IT TO THIS ISSUE ALONG 
WITH THE FIRST AMENDMENT FOR

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PEOPLE'S RIGHT TO VOTE AS WELL 
AS TO PRACTICE THEIR RELIGION OF

196
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CHOICE, I BELIEVE THAT IT WAS 
LIKELY THE COURT WOULD HAVE

197
00:11:00,326 --> 00:11:05,432
LOOKED AT THAT ISSUE UNDER THE 
14th AND 1st AMENDMENTS OF

198
00:11:05,432 --> 00:11:08,068
THE U.S. CONSTITUTION AND 
DETERMINED THAT THAT WAS A

199
00:11:08,068 --> 00:11:12,005
FUNDAMENTAL RIGHT THAT THEY 
WOULD HAVE HAD AT THE TIME.

200
00:11:12,005 --> 00:11:17,744
>> SENATOR McKENZIE, YOU 
MENTIONED ROE VERSUS WADE THAT

201
00:11:17,744 --> 00:11:20,647
DEVIATED FROM YOUR JUDICIAL 
PHILOSOPHY.

202
00:11:20,647 --> 00:11:24,818
YOU HAVE AN ENDORSEMENT FROM 
IDAHO RIGHTS.

203
00:11:24,818 --> 00:11:27,654
WHERE WOULD YOU DRAW THE LINE 
BETWEEN UPHOLDING YOUR PERSONAL

204
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BELIEFS AND FOLLOWING THE LEGAL 
OBLIGATION TO UPHOLD CASE LAW AS

205
00:11:31,024 --> 00:11:32,192
IT'S BEEN SET BY THE U.S.

206
00:11:32,192 --> 00:11:34,027
SUPREME COURT?

207
00:11:34,027 --> 00:11:36,730
>> THANK YOU FOR THAT QUESTION.

208
00:11:36,730 --> 00:11:40,667
IT'S A JOB OF A JUSTICE TO APPLY 
THE LAW.

209
00:11:40,667 --> 00:11:44,738
UNDER OUR SYSTEM OF FEDERALISM 
THAT INCLUDES THE DECISIONS OF

210
00:11:44,738 --> 00:11:47,540
THE U.S. SUPREME COURT.

211
00:11:47,540 --> 00:11:51,044
I'M PROUD OF THE ENDORSEMENT, 
PROUD OF THE BILLS I HAVE WORKED

212
00:11:51,044 --> 00:11:52,746
ON AS A STATE LEGISLATOR.

213
00:11:52,746 --> 00:11:58,051
BUT I'M ALSO BOUND BY WHAT COMES 
OUT OF THE U.S. SUPREME COURT.

214
00:11:58,051 --> 00:12:04,057
SINCE THE 1960s, UNDER THE DUE 
PROCESS CLAWS THAT I MENTIONED,

215
00:12:04,057 --> 00:12:08,895
UNDER SUBSTANTIVE DUE PROCESS 
THE COURT HAS EXPANDED RIGHTS

216
00:12:08,895 --> 00:12:11,264
BEYOND ENUMERATED IN THE BILL OF 
RIGHTS.

217
00:12:11,264 --> 00:12:16,002
THEY HAVE DONE SO IN A NUMBER OF 
CASES AND WE ARE BOUNDS BY THOSE

218
00:12:16,002 --> 00:12:17,804
DECISIONS REGARDLESS OF OUR 
PERSONAL PREFERENCE.

219
00:12:17,804 --> 00:12:23,176
I THINK IT'S THE ROLE OF A 
JUSTICE TO APPLY THE LAW

220
00:12:23,176 --> 00:12:25,712
IMPARTIALLY WITHOUT PERSONAL 
BIAS.

221
00:12:25,712 --> 00:12:30,016
>> MRS. BRODY, I'M CURIOUS HOW 
YOU INTERPRET THIS SPECIFICALLY

222
00:12:30,016 --> 00:12:33,086
IN INSTANCES WHERE FEDERAL 
PRECEDENT CONFLICTS WITH THE

223
00:12:33,086 --> 00:12:33,820
STATE CONSTITUTION.

224
00:12:33,820 --> 00:12:38,558
>> WELL, YOU HAVE TO LOOK AT THE 
SPECIFIC ISSUE THAT'S COMING

225
00:12:38,558 --> 00:12:39,459
BEFORE THE COURT.

226
00:12:39,459 --> 00:12:42,629
ONE OF THE THINGS THAT IS VERY 
INTERESTING ABOUT IDAHO LAW IS

227
00:12:42,629 --> 00:12:46,566
WHEN YOU LOOK AT THE IDAHO 
CONSTITUTION WE HAVE

228
00:12:46,566 --> 00:12:50,470
CONSTITUTIONAL LANGUAGE THAT IN 
MANY ARENAS MAY ACTUALLY PROVIDE

229
00:12:50,470 --> 00:12:54,641
GREATER RIGHTS TO LITIGANTS THAN 
MAYBE THE FEDERAL CONSTITUTION.

230
00:12:54,641 --> 00:12:58,712
THE SUPREME COURT OF THE STATE 
OF IDAHO CAN ALWAYS PROVIDE MORE

231
00:12:58,712 --> 00:13:02,582
PROTECTIONS TO THE CITIZENS OF 
IDAHO THAN THE FEDERAL

232
00:13:02,582 --> 00:13:02,949
CONSTITUTION.

233
00:13:02,949 --> 00:13:05,685
BUT AT THE END OF THE DAY IF 
WE'RE TALKING ABOUT FEDERAL LAW

234
00:13:05,685 --> 00:13:09,422
AND THE FEDERAL CONSTITUTION, 
THAT'S WHAT MY OPENING STATEMENT

235
00:13:09,422 --> 00:13:10,423
WAS ALL ABOUT.

236
00:13:10,423 --> 00:13:13,626
PEOPLE THINK THAT THE IDAHO 
SUPREME COURT CAN CHANGE OR HAVE

237
00:13:13,626 --> 00:13:16,696
THE IMPRESSION THAT THEY CAN 
CHANGE THE DECISIONS THAT THE

238
00:13:16,696 --> 00:13:19,232
SUPREME COURT OF THE UNITED 
STATES MAKES.

239
00:13:19,232 --> 00:13:20,734
THAT'S WHAT WE CAN'T DO.

240
00:13:20,734 --> 00:13:23,803
BUT WE CAN INTERPRET OUR OWN 
CONSTITUTION.

241
00:13:23,803 --> 00:13:27,073
>> THE NEXT QUESTION COMES FROM 
BETSY RUSSELL.

242
00:13:27,073 --> 00:13:29,876
>> MRS. BRODY, SPEAKING OF 
INTERPRETING OUR OWN

243
00:13:29,876 --> 00:13:32,278
CONSTITUTION THAT IS OF COURSE 
EXACTLY WHAT THE IDAHO SUPREME

244
00:13:32,278 --> 00:13:34,014
COURT DOES.

245
00:13:34,014 --> 00:13:37,450
GOVERNOR OTTER HAS SAID RECENTLY 
THAT THE CURRENT EDUCATION

246
00:13:37,450 --> 00:13:42,188
SYSTEM IN IDAHO IS PROBABLY NOT 
UP TO CONSTITUTIONAL MUSTER.

247
00:13:42,188 --> 00:13:47,460
THE IDAHO SUPREME COURT RULED IN 
2005 THAT THE FUNDING SYSTEM WAS

248
00:13:47,460 --> 00:13:51,297
NOT SUFFICIENT TO CARRY OUT THE 
DUTY UNDER THE CONSTITUTION.

249
00:13:51,297 --> 00:13:54,634
THE LEGISLATURE IS REEVALUATING 
THE FUNDING SYSTEM AS WE SPEAK

250
00:13:54,634 --> 00:13:59,606
BUT IT HAS BEEN MORE THAN TEN 
YEARS AND THE COURT HAS

251
00:13:59,606 --> 00:14:04,678
PERMITTED DESPITE ITS RULING AN 
UNCONSTITUTIONAL SYSTEM TO

252
00:14:04,678 --> 00:14:04,944
PERSIST.

253
00:14:04,944 --> 00:14:08,348
SHOULD THE IDAHO SUPREME COURT 
HAVE BEEN MORE ACTIVE IN

254
00:14:08,348 --> 00:14:13,887
PROTECTING THE CONSTITUTION LIKE 
THE WASHINGTON SUPREME COURT DID

255
00:14:13,887 --> 00:14:18,158
IN A SIMILAR CASE OR ARE THERE 
PARTS THAT THE COURT CAN'T OR

256
00:14:18,158 --> 00:14:19,092
SHOULDN'T ENFORCE?

257
00:14:19,092 --> 00:14:23,897
>> AS A MOM, EDUCATION IS 
SOMETHING THAT GOES STRAIGHT TO

258
00:14:23,897 --> 00:14:25,865
MY HEART.

259
00:14:25,865 --> 00:14:29,269
THAT'S SOMETHING ALL OF US ARE 
STRUGGLING WITH IN IDAHO.

260
00:14:29,269 --> 00:14:32,972
THE REALTY IS THAT THE 
LITIGATION OVER THE IDAHO SCHOOL

261
00:14:32,972 --> 00:14:36,076
SYSTEM HAS BEEN GOING ON SINCE 
THE 1970s.

262
00:14:36,076 --> 00:14:38,645
IT'S BEEN GOING ON THAT LONG.

263
00:14:38,645 --> 00:14:44,250
AND I CAN'T TELL YOU, I CAN'T 
GIVE YOU AN EXPLANATION FOR WHY

264
00:14:44,250 --> 00:14:48,888
THE SUPREME COURT IN 2005 WHEN 
IT RETAINED JURISDICTION OVER

265
00:14:48,888 --> 00:14:52,892
THE EDUCATIONAL FUNDING CASE WHY 
IT SUDDENLY REVERSED ITSELF AND

266
00:14:52,892 --> 00:14:55,562
MADE THE DECISION TO STOP THE 
LITIGATION.

267
00:14:55,562 --> 00:14:58,965
OF COURSE WE KNOW SINCE THEN 
THERE WAS ANOTHER EFFORT WHERE

268
00:14:58,965 --> 00:15:01,968
THE SUPREME COURT JUSTICES 
THEMSELVES WERE ACTUALLY SUED IN

269
00:15:01,968 --> 00:15:05,872
FEDERAL COURT OVER THE ENTIRE 
THING.

270
00:15:05,872 --> 00:15:08,208
IT'S AN INCREDIBLY DIFFICULT 
ISSUE.

271
00:15:08,208 --> 00:15:12,979
THERE ARE A LOT OF INTERESTING 
THINGS THAT ARE GOING ON IN

272
00:15:12,979 --> 00:15:16,783
OTHER LEGISLATURES OR IN OTHER 
STATES AND COURTS OVER THIS BUT

273
00:15:16,783 --> 00:15:19,052
AT THE END OF THE DAY IT COMES 
DOWN TO THIS.

274
00:15:19,052 --> 00:15:25,992
COURTS HAVE A VERY DIFFICULT 
TIME PROVIDING REMEDIES WHEN

275
00:15:25,992 --> 00:15:30,430
EITHER THE EXECUTIVE BRANCH OR 
THE LEGISLATIVE BRANCH DOESN'T

276
00:15:30,430 --> 00:15:30,697
LISTEN.

277
00:15:30,697 --> 00:15:36,436
I GO BACK TO THE DAYS OF ANDREW 
JACKSON WHEN THERE WAS A SUPREME

278
00:15:36,436 --> 00:15:40,907
COURT DECISION THAT IN WHICH 
THEY FOUND HE WAS VIOLATING THE

279
00:15:40,907 --> 00:15:44,711
CONSTITUTION BY A PARTICULAR LAW 
THAT REQUIRED SETTLERS TO LEAVE

280
00:15:44,711 --> 00:15:48,348
INDIAN TERRITORY AND HIS COMMENT 
WAS, WELL, JUSTICE MARSHALL,

281
00:15:48,348 --> 00:15:49,516
YOU'VE MADE YOUR DECISION.

282
00:15:49,516 --> 00:15:51,017
NOW ENFORCE IT.

283
00:15:51,017 --> 00:15:52,085
AND THE POINT IS THIS.

284
00:15:52,085 --> 00:15:56,623
AT THE END OF THE DAY THE COURTS 
DON'T CONTROL THE BUDGET.

285
00:15:56,623 --> 00:16:01,661
THEY DON'T CONTROL THE DECISION 
MAKING AT THE TOP.

286
00:16:01,661 --> 00:16:03,763
>> SENATOR McKENZIE, SAME 
QUESTION.

287
00:16:03,763 --> 00:16:07,133
WHAT IS YOUR VIEW OF HOW THE 
IDAHO SUPREME COURT HANDLED THAT

288
00:16:07,133 --> 00:16:11,304
SCHOOL FUNDING CASE AND WHETHER 
WE ARE ALLOWING A SCHOOL FUNDING

289
00:16:11,304 --> 00:16:14,040
SYSTEM TO OPERATE IN A WAY THAT 
DOES NOT MEET THE REQUIREMENTS

290
00:16:14,040 --> 00:16:19,412
OF OUR STATE CONSTITUTION?

291
00:16:19,412 --> 00:16:23,416
>> UNDER ARTICLE 9 IT'S A 
GENERAL, THOROUGH UNIFORM?

292
00:16:23,416 --> 00:16:25,151
OF SCHOOLING.

293
00:16:25,151 --> 00:16:30,490
THERE'S A LONG LINE OF CASE LAW 
ADDRESSING WHETHER WE ARE DOING

294
00:16:30,490 --> 00:16:35,895
THAT, AND I ASSUME THAT THAT 
WILL CONTINUE OVER TIME.

295
00:16:35,895 --> 00:16:41,534
I SERVED THE PACIFIC NORTHWEST 
ECONOMIC REGION WITH A SENATOR

296
00:16:41,534 --> 00:16:44,704
PROSECUTE WASHINGTON WHO WORKS 
ON THE BUDGET COMMITTEE THERE.

297
00:16:44,704 --> 00:16:49,109
THE STATE SUPREME COURT THERE I 
BELIEVE HAD FINED THE

298
00:16:49,109 --> 00:16:52,445
LEGISLATURE UNTIL THEY COMPLIED 
WITH WHAT THEY THOUGHT WERE

299
00:16:52,445 --> 00:16:54,981
THEIR CONSTITUTIONAL DUTIES.

300
00:16:54,981 --> 00:16:58,118
AND SO THE BODY THAT ACTUAL LIL' 
SETS THE BUDGET THEN PROPOSE

301
00:16:58,118 --> 00:17:04,057
RATES THE MONEY BOTH FOR THE 
OTHER BRANCH AND FOR ANY FINE

302
00:17:04,057 --> 00:17:05,759
WAS ORDERED TO PAY A FINE.

303
00:17:05,759 --> 00:17:08,962
I DON'T THINK IT REALLY CHANGED 
ANYTHING THERE.

304
00:17:08,962 --> 00:17:16,469
BUT IT IS THE DUTY OF THE COURT 
TO APPLY THAT CONSTITUTIONAL

305
00:17:16,469 --> 00:17:19,773
STANDARD TO OUR EDUCATION 
SYSTEM.

306
00:17:19,773 --> 00:17:22,709
AND WHILE I HAVE BEEN IN THE 
LEGISLATURE, WE HAVE WORKED ON

307
00:17:22,709 --> 00:17:24,611
THAT ISSUE.

308
00:17:24,611 --> 00:17:28,682
MY FIRST TERM THERE, WHICH WAS 
THE LONGEST IN STATE HISTORY, WE

309
00:17:28,682 --> 00:17:34,254
PUT IN PLACE PUBLIC EDUCATION 
STABILIZATION FUND TO HELP

310
00:17:34,254 --> 00:17:39,626
ADDRESS THOSE SITUATIONS WHEN 
THE ECONOMY REALLY TANKS AGAIN

311
00:17:39,626 --> 00:17:42,162
AND TO HAVE THAT FUNDING THERE.

312
00:17:42,162 --> 00:17:44,264
THAT WAS A PART OF A SOLUTION.

313
00:17:44,264 --> 00:17:50,270
WE WORKED ON SETTING ASIDE 
MAINTENANCE FUNDS FOR OUR SCHOOL

314
00:17:50,270 --> 00:17:50,704
BUILDINGS.

315
00:17:50,704 --> 00:17:56,076
I BELIEVE SINCE WE DID THAT WE 
HAVE GIVEN THE SCHOOL DISTRICTS

316
00:17:56,076 --> 00:18:00,113
DISCRETION TO TO USE THOSE FUNDS 
IN OTHER WAYS BECAUSE THEY

317
00:18:00,113 --> 00:18:04,317
NEEDED TO BE ABLE TOLL DO IT, 
BUT WHEN IT COMES BACK TO THE

318
00:18:04,317 --> 00:18:07,921
COURT AND THEIR ROLE WITH 
RESPECT TO THE LEGISLATURE ABOUT

319
00:18:07,921 --> 00:18:11,658
WHETHER A MEETING THAT 
CONSTITUTIONAL STANDARD, IT'S

320
00:18:11,658 --> 00:18:15,595
THE ROLE OF COURTS TO EVALUATE 
THAT IN SPECIFIC SITUATIONS THAT

321
00:18:15,595 --> 00:18:21,134
ARE BROUGHT BEFORE THE COURT AND 
I AM CONFIDENT THAT WE WILL SEE

322
00:18:21,134 --> 00:18:24,504
THOSE AGAIN AND TO MAKE A 
DECLARATION OF THE CONSTITUTION

323
00:18:24,504 --> 00:18:30,076
WHETHER WE'RE COMPLYING WITH IT 
OR NOT.

324
00:18:30,076 --> 00:18:32,779
BEYOND THAT I DON'T KNOW IF I 
CAN COMMENT ON WHAT A FUTURE

325
00:18:32,779 --> 00:18:36,516
COURT WOULD DO WITH RESPECT TO A 
SITUATION WHERE IT DIDN'T THINK

326
00:18:36,516 --> 00:18:37,684
IT WAS COMPLYING.

327
00:18:37,684 --> 00:18:40,353
I DO THINK THAT'S GOING TO COME 
UP.

328
00:18:40,353 --> 00:18:47,794
>> I HAVE A QUESTION MOVING ON 
TO ANOTHER TOPIC FOR MRS. BRODY.

329
00:18:47,794 --> 00:18:51,798
YOU IN RECENT YEARS HAVE 
LITIGATED SOME PRETTY

330
00:18:51,798 --> 00:18:54,701
CONTENTIOUS ISSUES INVOLVING 
WATER LAW AND WATER RIGHTS

331
00:18:54,701 --> 00:18:55,802
BEFORE THE IDAHO SUPREME COURT.

332
00:18:55,802 --> 00:18:58,738
IN SOME CASES THE SUPREME COURT 
RULED AGAINST YOUR CLIENT.

333
00:18:58,738 --> 00:19:01,307
AS A JUSTICE OF THE IDAHO 
SUPREME COURT DO YOU THINK YOU

334
00:19:01,307 --> 00:19:05,311
WOULD BE BOUND BY THE PRIOR 
DECISIONS EVEN IF YOU THOUGHT

335
00:19:05,311 --> 00:19:09,315
ONE OR MORE WAS INCORRECTLY 
DECIDED?

336
00:19:09,315 --> 00:19:14,054
WOULD YOU SEEK TO REVERSE OR 
OVERRULE THE DECISIONS OR RECUSE

337
00:19:14,054 --> 00:19:16,322
YOURSELF FROM WATER ISSUES ALL 
TOGETHER?

338
00:19:16,322 --> 00:19:20,026
>> I THINK IT REALLY DEPENDS ON 
THE ISSUE THAT IS COMING BEFORE

339
00:19:20,026 --> 00:19:26,399
THE COURT.

340
00:19:26,399 --> 00:19:30,236
THERE'S NOTION QUITE LIKE WATER 
IN IDAHO TO GET PEOPLE'S

341
00:19:30,236 --> 00:19:31,137
PASSIONS GOING.

342
00:19:31,137 --> 00:19:32,772
THOSE ARE COMPLICATED DECISIONS.

343
00:19:32,772 --> 00:19:36,242
SOME OF THOSE WOULD NOT HAVE ANY 
APPLICATION TO ANY LITIGANT IN

344
00:19:36,242 --> 00:19:41,081
THE UNIVERSE OTHER THAN MY 
CLIENT T. SOME OF THE DECISIONS

345
00:19:41,081 --> 00:19:47,420
RELATED TO, FOR EXAMPLE, THE 
AQUIFER MODEL BEING USED FOR

346
00:19:47,420 --> 00:19:49,155
DELIVERY CALLS IN SOUTHERN 
IDAHO.

347
00:19:49,155 --> 00:19:53,893
I SUPPOSE IF SOMETHING WERE TO 
COME UP THAT DEALT WITH THE

348
00:19:53,893 --> 00:19:57,797
VALIDITY OF THAT MODEL AND MAYBE 
IF I HAD INFORMATION THAT MIGHT

349
00:19:57,797 --> 00:20:00,967
BEAR DIRECTLY ON THE ISSUE IT 
WOULD BE SOMETHING I WOULD HAVE

350
00:20:00,967 --> 00:20:04,804
TO LOOK AT CAREFULLY BUT IF ONE 
OF THOSE THINGS IN TERMS OF

351
00:20:04,804 --> 00:20:07,974
CONFLICTS EVERY TIME WE LOOK AT 
A CASE WE HAVE TO LOOK AT THE

352
00:20:07,974 --> 00:20:13,546
PARTIES, THE ATTORNEYS, THE 
ISSUES AND MAKE A CASE-BY-CASE

353
00:20:13,546 --> 00:20:16,750
DECISION AS TO WHETHER WE CAN 
ACTUALLY SIT.

354
00:20:16,750 --> 00:20:20,887
>> IN TAKING A STEP BACK IN THE 
QUESTION FOR BOTH OF YOU, I'M

355
00:20:20,887 --> 00:20:24,524
CURIOUS, YOU BOTH HAVE 
EXPERIENCE WITH WATER ISSUES.

356
00:20:24,524 --> 00:20:31,131
MRS. BRODY, WHAT IS THE ROLE OF 
THE SUPREME COURT AND SHOULD THE

357
00:20:31,131 --> 00:20:34,834
IDAHO SUPREME COURT GIVE 
DEFERENCE TO THE DEPARTMENT OF

358
00:20:34,834 --> 00:20:37,837
WATER RESOURCES BECAUSE OF THE 
SPECIALIZED KNOWLEDGE CONTAINED

359
00:20:37,837 --> 00:20:38,638
WITHIN THAT DEPARTMENT?

360
00:20:38,638 --> 00:20:41,641
>> WELL, THE NUMBER ONE JOB OF 
THE IDAHO SUPREME COURT WHEN IT

361
00:20:41,641 --> 00:20:45,412
COMES TO WATER IS TO UPHOLD THE 
CONSTITUTION.

362
00:20:45,412 --> 00:20:45,745
PERIOD.

363
00:20:45,745 --> 00:20:50,750
THEN YOU LOOK AT THE IDAHO 
LEGISLATIVE LAWS THAT HAVE BEEN

364
00:20:50,750 --> 00:20:51,017
PASSED.

365
00:20:51,017 --> 00:20:58,692
IN TERMS OF AGENCY DEFERENCE, 
YOU KNOW, IT REALLY TURNS -- THE

366
00:20:58,692 --> 00:21:01,628
IDAHO SUPREME COURT'S ABILITY TO 
REVIEW WHAT AN AGENCY DOES

367
00:21:01,628 --> 00:21:05,331
WHETHER IT BE THE DEPARTMENT OF 
WATER RESOURCES OR ANY AGENCY,

368
00:21:05,331 --> 00:21:07,901
IT DOESN'T MATTER TTURNS ON WHAT 
YOU'RE LOOKING AT.

369
00:21:07,901 --> 00:21:12,105
IF YOU'RE LOOKING AT FACTUAL 
ISSUES, IF YOU'RE LOOKING AT

370
00:21:12,105 --> 00:21:17,243
PLACES WHERE THE DEPARTMENT HAS 
PARTICULAR EXPERTISE AND YOU'RE

371
00:21:17,243 --> 00:21:21,181
TALKING ABOUT FACT SPECIFIC 
TYPES OF ISSUES, VERY HARD FOR

372
00:21:21,181 --> 00:21:28,021
THE SUPREME COURT TO STEP IN AND 
TO JUDGE OR REEVALUATE THOSE

373
00:21:28,021 --> 00:21:32,625
FACTS, TO SECOND GUESS IF YOU 
WILL THE LEGISLATIVE AGENCY

374
00:21:32,625 --> 00:21:34,361
EXCUSE ME THE EXECUTIVE AGENCY.

375
00:21:34,361 --> 00:21:36,930
IF YOU'RE TALKING ABOUT THE LAW, 
ON THE OTHER HAND, THAT'S A

376
00:21:36,930 --> 00:21:37,997
WHOLE DIFFERENT MATTER.

377
00:21:37,997 --> 00:21:41,835
THAT'S AN AREA WHERE THE IDAHO 
SUPREME COURT CAN USE ITS POWERS

378
00:21:41,835 --> 00:21:43,103
TO REVIEW WHAT'S HAPPENING.

379
00:21:43,103 --> 00:21:45,205
>> SENATOR McKENZIE, SAME 
QUESTION.

380
00:21:45,205 --> 00:21:52,379
SHOULD THE SUPREME COURT GIVE 
DEFERENCE TO DECISIONS FROM

381
00:21:52,379 --> 00:21:52,579
IBWR?

382
00:21:52,579 --> 00:21:56,583
>> I BELIEVE THE COURT'S ROLE IS 
FUNDAMENTALLY TO PROTECT THOSE

383
00:21:56,583 --> 00:22:00,987
RIGHTS AS THEY ARE EXPRESSED IN 
OUR STATE CONSTITUTION.

384
00:22:00,987 --> 00:22:06,860
WE NEED TO BE CAREFUL ABOUT 
DEFERRING TO THE AGENCY IN THIS

385
00:22:06,860 --> 00:22:13,099
REGARD OR OTHERS BECAUSE WE HAVE 
SEEN THE FEDERAL MODEL WHERE THE

386
00:22:13,099 --> 00:22:15,635
LEGISLATURE, CONGRESS HAS 
DEFERRED BROAD RULEMAKING

387
00:22:15,635 --> 00:22:22,642
AUTHORITY TO AGENCIES AND THEN 
COURTS HAVE DEFERRED TO THEIR

388
00:22:22,642 --> 00:22:26,012
EXPERTISE ALLOWING MUCH OF THAT 
POLICY MAKING AUTHORITY THAT HAD

389
00:22:26,012 --> 00:22:30,250
BEEN EXERCISED BY CONGRESS TO 
NOW BE EXERCISED BY AGENCIES.

390
00:22:30,250 --> 00:22:35,655
IN THIS REGARD, IN WATER ISSUES, 
I WOULD SAY IDAHO IS AHEAD OF

391
00:22:35,655 --> 00:22:38,558
MOST OF THE WEST IN HOW WE DEAL 
WITH WATER.

392
00:22:38,558 --> 00:22:42,262
BUT WE DO HAVE A FUNDAMENTALLY 
IMPORTANT ISSUE WHICH IS HAS

393
00:22:42,262 --> 00:22:48,835
SNAKE RIVER AQUIFER, THE DECLINE 
OF THAT AQUIFER AND HISTORIC

394
00:22:48,835 --> 00:22:52,672
AGREEMENT THAT WAS ENTERED THIS 
SPRING BETWEEN THE GROUND WATER

395
00:22:52,672 --> 00:22:57,944
USERS AND THE SURFACE WATER 
COALITION, AND I BELIEVE THAT

396
00:22:57,944 --> 00:23:01,981
PARTS OF THAT AGREEMENT THAT ARE 
SET TO BE IMPLEMENTED OVER A

397
00:23:01,981 --> 00:23:06,252
NUMBER OF YEARS COULD VERY WELL 
WORK THEIR WAY UP TO THE COURT.

398
00:23:06,252 --> 00:23:12,058
I WOULD SEE MY ROLE WITH RESPECT 
TO THAT OR OTHER WATER ISSUES TO

399
00:23:12,058 --> 00:23:18,698
APPLY THE LANGUAGE AS WRITTEN 
AND ALLOW THAT WITHIN THE

400
00:23:18,698 --> 00:23:21,167
CONSTITUTIONAL FRAMEWORK TO 
DEFINE WHAT THOSE RIGHTS ARE.

401
00:23:21,167 --> 00:23:25,538
>> NEXT QUESTION.

402
00:23:25,538 --> 00:23:28,508
>> SENATOR, IF YOU HAVE NEVER 
ARGUED A INDICATE BEFORE THE

403
00:23:28,508 --> 00:23:31,611
IDAHO SUPREME COURT OR COURT OF 
APPEALS, WHY DO YOU THINK YOU'RE

404
00:23:31,611 --> 00:23:35,248
READY TO SIT ON THE HIGHEST 
BENCH IF YOU HAVE NEVER STOOD IN

405
00:23:35,248 --> 00:23:36,182
FRONT OF IT?

406
00:23:36,182 --> 00:23:38,451
>> THANK YOU FOR THAT QUESTION.

407
00:23:38,451 --> 00:23:43,556
MY EXPERIENCE HAS BEEN IN FRONT 
OF OUR DISTRICT JUDGES OR OUR

408
00:23:43,556 --> 00:23:45,358
MAGISTRATES.

409
00:23:45,358 --> 00:23:47,460
THOSE ARE THE COURTS THAT MOST 
PEOPLE SEE.

410
00:23:47,460 --> 00:23:51,564
THEY ARE MOST FAMILIAR WITH 
THOSE COURTS OR SPECIALTY COURTS

411
00:23:51,564 --> 00:23:54,734
LIKE VETERANS COURT, MENTAL 
HEALTH COURT, DRUG COURT WHERE I

412
00:23:54,734 --> 00:23:57,037
HAVE SPENT HOURS IN FRONT OF 
THEM.

413
00:23:57,037 --> 00:24:06,146
AS AN ATTORNEY, I HAVE FILED 
APPELLATE BRIEFS WHEN I WAS IN

414
00:24:06,146 --> 00:24:06,513
WASHINGTON D.C.

415
00:24:06,513 --> 00:24:13,420
WE HAD SOME APPELLATE WORK AT 
STOLL REEFS.

416
00:24:13,420 --> 00:24:18,358
THE ANALYSIS I DID ON THOSE 
CASES, THE COMPLEX LITIGATION,

417
00:24:18,358 --> 00:24:21,161
EXTENSIVE BRIEF WRITING THAT WE 
DID IS ALL IMPORTANT BACKGROUND

418
00:24:21,161 --> 00:24:23,730
FOR SOMEONE WHO IS GOING TO BE 
ON THE COURT.

419
00:24:23,730 --> 00:24:28,601
BUT I ALSO BELIEVE IT'S JUST AS 
IMPORTANT TO HAVE A JUSTICE WITH

420
00:24:28,601 --> 00:24:31,871
EXTENSIVE EXPERIENCE ACTUALLY 
PRACTICING IN FRONT OF THOSE

421
00:24:31,871 --> 00:24:35,875
DISTRICT JUDGES AND MAGISTRATE 
JUDGES WHO ARE THE ONES MOST

422
00:24:35,875 --> 00:24:38,645
PEOPLE WILL BE IN FRONT OF.

423
00:24:38,645 --> 00:24:42,716
>> MRS. BRODY, YOU HAVE ARGUED 
BEFORE THE IDAHO SUPREME COURT

424
00:24:42,716 --> 00:24:47,020
BUT NEARLY ALL YOUR EXPERIENCE 
APPEARS TO BE IN CIVIL CASES.

425
00:24:47,020 --> 00:24:54,194
DO YOU HAVE WHAT IT TAKES TO BE 
PART OF THE TEAM LEADING IDAHO'S

426
00:24:54,194 --> 00:24:55,128
COURT?

427
00:24:55,128 --> 00:24:58,832
>> THE PERSPECTIVE I BRING TO 
THE COURT, I LOOK AT THIS JOB AS

428
00:24:58,832 --> 00:25:00,600
BEING PART OF THE TEAM.

429
00:25:00,600 --> 00:25:04,304
YOU'RE NOT ALONE MAKING 
DECISIONS.

430
00:25:04,304 --> 00:25:07,674
YOU'RE WORKING WITH FOUR OTHER 
PEOPLE TO MAKE THE BEST POLICY

431
00:25:07,674 --> 00:25:08,608
DECISIONS POSSIBLE.

432
00:25:08,608 --> 00:25:11,511
IT'S TRUE I'M NOT A CRIMINAL 
DEFENSE ATTORNEY BY ANY STRETCH

433
00:25:11,511 --> 00:25:17,217
BUT I CERTAINLY HAVE A GREAT 
DEAL OF EXPERIENCE ACTUALLY

434
00:25:17,217 --> 00:25:20,086
WORKING WITHIN THAT SYSTEM AND 
WORKING WITH PEOPLE WHO HAVE

435
00:25:20,086 --> 00:25:22,789
BEEN THE VICTIMS OF CRIME.

436
00:25:22,789 --> 00:25:27,327
I THINK THAT THAT'S A 
PERSPECTIVE THAT IS VALUABLE AND

437
00:25:27,327 --> 00:25:30,330
IMPORTANT AND DIFFERENT THAN 
WHAT'S THERE NOW.

438
00:25:30,330 --> 00:25:40,273
SPEAKING OF THE THREE JUDGES 
THERE NOW, ALL INCREDIBLY

439
00:25:40,273 --> 00:25:42,375
EXPERIENCED DISTRICT COURT 
JUDGES WHO COME WITH TONS OF

440
00:25:42,375 --> 00:25:46,079
BACKGROUND AND EXPERIENCE IN THE 
CRIMINAL MATTERS BUT TO HAVE A

441
00:25:46,079 --> 00:25:49,349
DIFFERENT VOICE, A DIFFERENT 
PERSPECTIVE, I THINK THAT'S

442
00:25:49,349 --> 00:25:52,886
INCREDIBLY IMPORTANT.

443
00:25:52,886 --> 00:25:59,325
>> MRS. BRODY, WHAT DO YOU THINK 
OF SENATOR McKENZIE'S ARGUMENT

444
00:25:59,325 --> 00:26:03,029
THAT HE HAS PRACTICALLED BEFORE 
STATE AND DISTRICT JUDGES AND

445
00:26:03,029 --> 00:26:05,198
THAT'S SUFFICIENT EXPERIENCE TO 
GO BEFORE THE SUPREME COURT OR

446
00:26:05,198 --> 00:26:08,868
COURT OF APPEALS?

447
00:26:08,868 --> 00:26:14,341
>> YOU KNOW, WE HAVE TRAVELED A 
LOT TOGETHER OVER THE PAST SEVEN

448
00:26:14,341 --> 00:26:16,710
MONTHS AND WE HAVE LISTENED TO 
EACH OTHER TALK.

449
00:26:16,710 --> 00:26:19,879
WHEN IT COMES DOWN TO HOW WE 
INTERPRET A STATUTE OR HOW WE

450
00:26:19,879 --> 00:26:23,516
MIGHT APPROACH A CONSTITUTIONAL 
QUESTION, I DON'T KNOW THAT

451
00:26:23,516 --> 00:26:25,785
MR. McKENZIE AND I REALLY 
DIFFER IN THAT REGARD.

452
00:26:25,785 --> 00:26:30,890
THE THINGS THAT HE IS TALKING 
ABOUT, THOSE ARE THINGS THAT ARE

453
00:26:30,890 --> 00:26:33,326
BRED INTO US IN LAW SCHOOL.

454
00:26:33,326 --> 00:26:35,729
THAT'S THE WAY WE APPROACH LEGAL 
QUESTIONS TODAY.

455
00:26:35,729 --> 00:26:40,967
WE ASK WHAT DOES A STATUTE SAY, 
NOT WHAT DO WE WANT IT TO SAY.

456
00:26:40,967 --> 00:26:44,437
BUT I'LL TELL YOU RT THING THAT 
MAKES ME DIFFERENT FROM

457
00:26:44,437 --> 00:26:44,804
MR. McKENZIE.

458
00:26:44,804 --> 00:26:49,542
THAT'S 20 YEARS OF EXPERIENCE 
LITIGATING IN FRONT OF COUNTY

459
00:26:49,542 --> 00:26:52,512
COMMISSIONS, PLANNING AND 
ZONING, MAGISTRATE COURT,

460
00:26:52,512 --> 00:26:55,448
DISTRICT COURT, THE SUPREME 
COURT, NINE TIMES.

461
00:26:55,448 --> 00:26:59,853
TALKING ABOUT GETTING AN 
INCREDIBLY BROAD AND DEEP

462
00:26:59,853 --> 00:27:02,589
PERSPECTIVE ON THE LEGAL ISSUES 
THAT AFFECT THE PEOPLE OF THE

463
00:27:02,589 --> 00:27:03,490
STATE OF IDAHO.

464
00:27:03,490 --> 00:27:07,327
I'M TALKING ABOUT TAKING 20 
YEARS OF BEING IN THE TRENCHES.

465
00:27:07,327 --> 00:27:10,230
I HAVE HAD ONE JOB MY WHOLE 
CAREER.

466
00:27:10,230 --> 00:27:14,834
THAT'S TAKING CARE OF PEOPLE'S 
PROBLEMS IN THE COURTS AND

467
00:27:14,834 --> 00:27:19,506
TALKING ABOUT WHAT THE LAW IS, 
WHAT THE POLICIES ARE, MAKING

468
00:27:19,506 --> 00:27:20,240
EXCELLENT DECISIONS.

469
00:27:20,240 --> 00:27:24,678
I THINK THAT VOICE, THAT 
EXPERIENCE IS INCREDIBLY

470
00:27:24,678 --> 00:27:27,681
IMPORTANT AND THE FACT THAT 
MR. McKENZIE HAS NEVER STOOD

471
00:27:27,681 --> 00:27:30,250
IN FRONT OF THE IDAHO SUPREME 
COURT IS SOMETHING THAT CONCERNS

472
00:27:30,250 --> 00:27:32,719
ME GREATLY.

473
00:27:32,719 --> 00:27:36,589
>> SENATOR McKENZIE, WHY 
HAVEN'T YOU ARGUED A INDICATE

474
00:27:36,589 --> 00:27:38,792
BEFORE THE SUPREME COURT OR 
COURT OF APPEALS PRIOR TO

475
00:27:38,792 --> 00:27:40,727
SEEKING A SEAT ON THAT BENCH?

476
00:27:40,727 --> 00:27:48,268
>> MY PRACTICE HAS JUST BEEN IN 
EITHER FEDERAL COURT, AT STOLL

477
00:27:48,268 --> 00:27:53,239
REEFS OR OUT OF STATE COURTS 
REPRESENTING A COMPANY BASED IN

478
00:27:53,239 --> 00:27:55,275
IDAHO THAT HAD BUSINESS ACROSS 
THE COUNTRY.

479
00:27:55,275 --> 00:28:01,848
THEN MOST OF MY EXPERIENCE IN 
PRACTICE AT MY OWN FIRM HAS BEEN

480
00:28:01,848 --> 00:28:03,483
AT THE TRIAL LEVEL.

481
00:28:03,483 --> 00:28:06,119
SO I HAVE THAT EXTENSIVE 
EXPERIENCE.

482
00:28:06,119 --> 00:28:08,755
I THINK IT'S A USEFUL 
EXPERIENCE.

483
00:28:08,755 --> 00:28:13,960
BUT I WOULD SAY WHAT I LOOK FOR 
IN A JUSTICE, IT'S NOT SIMPLY

484
00:28:13,960 --> 00:28:17,764
THAT YOU HAVE ARGUED A FEW CASES 
BEFORE THE SUPREME COURT, BUT

485
00:28:17,764 --> 00:28:23,236
THAT FUNDAMENTAL JUDICIAL 
PHILOSOPHY THAT INFORMS ALL YOUR

486
00:28:23,236 --> 00:28:25,238
CASES WHETHER IT'S A 
CONSTITUTIONAL ISSUE OR STATUTE

487
00:28:25,238 --> 00:28:29,609
OR AGREEMENT THAT YOU WILL APPLY 
THE TEXT AS WRITTEN AND I WOULD

488
00:28:29,609 --> 00:28:31,244
DO THAT.

489
00:28:31,244 --> 00:28:38,251
I WOULD ALSO SAY MY ACADEMIC 
BACKGROUND AT GEORGETOWN

490
00:28:38,251 --> 00:28:41,855
UNIVERSITY, ATTENDED ON A FULL 
TUITION SCHOLARSHIP ON A YEAR

491
00:28:41,855 --> 00:28:44,891
THEY HAD MORE APPLICANTS THAN 
ANY LAW SCHOOL IN THE COUNTRY

492
00:28:44,891 --> 00:28:45,959
HAS EVER HAD.

493
00:28:45,959 --> 00:28:50,263
GRADUATED IN THE TOP 10% OF MY 
CLASS THERE AS A STRONG

494
00:28:50,263 --> 00:28:50,597
BACKGROUND.

495
00:28:50,597 --> 00:28:52,098
I UNDERSTAND THE LAW.

496
00:28:52,098 --> 00:28:56,903
I CAN APPLY IT AND SERVE IDAHO 
WELL ON ITS COURT.

497
00:28:56,903 --> 00:29:00,373
>> THE NEXT QUESTION ON PRO 
BONO.

498
00:29:00,373 --> 00:29:04,944
>> SENATOR McKENZIE, THIS IS 
PRO BONO WEEK.

499
00:29:04,944 --> 00:29:08,281
IDAHO REESE RULES OF 
PROFESSIONAL CONDUCT SAY LAWYERS

500
00:29:08,281 --> 00:29:13,019
SHOULD ASPIRE TO PERFORM AT 
LEAST 50 HOURS OF PRO BONO WORK

501
00:29:13,019 --> 00:29:18,291
A YEAR AND BOTH OF YOU MAINTAIN 
YOU HAVE DONE MORE THAN THAT YET

502
00:29:18,291 --> 00:29:22,195
NEITHER OF YOU HAVE RECORDED 
THAT TO THE IDAHO LAWYERS

503
00:29:22,195 --> 00:29:22,662
PROGRAM.

504
00:29:22,662 --> 00:29:25,498
IF ELECTED TO THE HIGH COURT 
YOU'LL BE ABLE TO MAKE SURE THE

505
00:29:25,498 --> 00:29:28,501
STATE IS WORKING TO MEET THE 
LEGAL NEEDS OF LOW INCOME

506
00:29:28,501 --> 00:29:28,768
CLIENTS.

507
00:29:28,768 --> 00:29:32,772
DO YOU THINK THAT IDAHO'S PRO 
BONO TRACKING AND REPORTING

508
00:29:32,772 --> 00:29:36,242
SYSTEMS NEED TO BE MORE ROBUST 
SO WE CAN ALL GET A BETTER

509
00:29:36,242 --> 00:29:42,515
UNDERSTANDING OF THE NEED FOR 
REDUCED FEE LEGAL WORK OR WOULD

510
00:29:42,515 --> 00:29:46,619
A REPORTING REQUIREMENT JUST BE 
TOO OPPRESSIVE?

511
00:29:46,619 --> 00:29:47,787
>> THANK YOU.

512
00:29:47,787 --> 00:29:51,725
I WOULDN'T ADD TO THE REPORTING 
REQUIREMENTS OF THE ATTORNEYS

513
00:29:51,725 --> 00:29:53,960
BECAUSE PRACTICES DIFFER SO 
MUCH.

514
00:29:53,960 --> 00:29:59,332
FROM WHEN I WAS AT STOLL REEF, A 
LAW FIRM OF HUNDREDS OF

515
00:29:59,332 --> 00:30:03,103
ATTORNEYS TO HAVING A SOLO 
PRACTICE, REPRESENTING

516
00:30:03,103 --> 00:30:05,438
INDIVIDUALS AND SMALL 
BUSINESSES, THEY ARE VERY

517
00:30:05,438 --> 00:30:07,374
DIFFERENT PRACTICES.

518
00:30:07,374 --> 00:30:12,979
SOME ATTORNEYS LIKE ME SERVE 
OTHER CAPACITIES.

519
00:30:12,979 --> 00:30:16,750
I'M IN THE LEGISLATURE THREE OR 
FOUR MONTHS OUT OF THE YEAR

520
00:30:16,750 --> 00:30:20,186
DEPENDING IF WE CAN SET A BUDGET 
OR NOT.

521
00:30:20,186 --> 00:30:21,388
INTERIM COMMITTEES.

522
00:30:21,388 --> 00:30:24,891
ATTORNEYS HAVE OBLIGATIONS AND 
MANY OF THOSE ARE IN PUBLIC

523
00:30:24,891 --> 00:30:28,762
SERVICE THAT ARE NOT NECESSARILY 
PRO BONO.

524
00:30:28,762 --> 00:30:35,035
I WOULDN'T REQUIRE ATTORNEYS TO 
HAVE ADDITIONAL REPORTING

525
00:30:35,035 --> 00:30:38,571
REQUIREMENTS BUT I DO THINK IT 
IS IMPORTANT IT THAT WE CONTINUE

526
00:30:38,571 --> 00:30:41,841
TO EMPHASIZE ACCESS TO THE 
COURTS AND WITH PRO BONO WORK AS

527
00:30:41,841 --> 00:30:43,209
PART OF THAT.

528
00:30:43,209 --> 00:30:44,678
>> MRS. BRODY, SAME QUESTION.

529
00:30:44,678 --> 00:30:47,213
>> YOU KNOW, I LEARNED 
SOMETHING.

530
00:30:47,213 --> 00:30:49,949
I LEARNED SOMETHING IN THIS 
CAMPAIGN, AND THAT IS I DIDN'T

531
00:30:49,949 --> 00:30:53,019
REALIZE I WAS SUPPOSED TO BE 
REPORTING HOURS TO THE NORTH

532
00:30:53,019 --> 00:30:55,555
IDAHO BAR OR THE VOLUNTEER 
LAWYERS PROGRAM.

533
00:30:55,555 --> 00:30:59,059
WHEN I PARTICIPATED IN THAT 
PROGRAM I REPORTED THE HOURS.

534
00:30:59,059 --> 00:31:02,095
BUT IN TERMS OF THE HOURS THAT I 
SPEND TAKING CARE OF MY

535
00:31:02,095 --> 00:31:05,165
NEIGHBORS AND COMMUNITY MEMBERS, 
NO, I HAVE NEVER REPORTED THEM

536
00:31:05,165 --> 00:31:05,865
TO ANYONE.

537
00:31:05,865 --> 00:31:10,537
BUT I'LL TELL YOU, FOR ME WHAT'S 
IMPORTANT IS I TRAVELED AROUND

538
00:31:10,537 --> 00:31:13,707
THE STATE, I HAVE SEEN WHAT 
LAWYERS ARE DOING.

539
00:31:13,707 --> 00:31:17,877
WE HAVE PEOPLE WORKING IN EVERY 
COMMUNITY PROVIDING SERVICES.

540
00:31:17,877 --> 00:31:22,816
WHEN I WAS UP IN BONNER'S FERRY 
THE IDAHO LEGAL AID WAS

541
00:31:22,816 --> 00:31:25,618
ADVERTISING A FREE DAY WHERE YOU 
COULD COME IN AND HAVE A TIME

542
00:31:25,618 --> 00:31:30,090
SET ASIDE TO MEET WITH AN 
ATTORNEY TO DISCUSS YOUR LEGAL

543
00:31:30,090 --> 00:31:30,457
MATTERS.

544
00:31:30,457 --> 00:31:34,561
THE IDAHO TRIAL LAWYERS, IN 
BOISE, THEY PROVIDE THE STREET

545
00:31:34,561 --> 00:31:35,195
LAW CLINIC.

546
00:31:35,195 --> 00:31:37,831
THERE'S A PROGRAM SIMILAR TO 
THAT IN TWIN FALLS.

547
00:31:37,831 --> 00:31:41,134
WHAT I SEE FROM TRAVELING AROUND 
IS THAT THE FIRST THING WE NEED

548
00:31:41,134 --> 00:31:45,038
TO DO IN THIS STATE IS GATHER UP 
ALL OF THE ASSETS THAT WE HAVE,

549
00:31:45,038 --> 00:31:48,742
ALL OF THE PEOPLE PROVIDING 
THOSE SERVICES, GET THEM PUT IN

550
00:31:48,742 --> 00:31:52,746
ONE PLACE AND COORDINATED SO 
THAT EVERYONE KNOWS THAT THEIR

551
00:31:52,746 --> 00:31:53,680
SERVICES ARE AVAILABLE.

552
00:31:53,680 --> 00:31:58,685
WHAT I WOULD ALSO LOVE TO DO IS 
I WOULD LOVE TO SEE A WEBSITE,

553
00:31:58,685 --> 00:32:02,222
SOMETHING LIKE FREE LEGAL 
SERVICES FOR IDAHO, I DON'T KNOW

554
00:32:02,222 --> 00:32:05,792
THE NAME BUT THE POINT IS THIS, 
WHERE YOU CAN CATALOG THOSE

555
00:32:05,792 --> 00:32:06,860
SERVICES THAT ARE AVAILABLE.

556
00:32:06,860 --> 00:32:10,597
WHERE YOU CAN TAKE THE FORMS, 
INTERACTIVE FORM SERVICES THAT

557
00:32:10,597 --> 00:32:14,434
THE IDAHO LEGAL AID SERVICES 
THAT AVAILABLE ON THEIR WEBSITE,

558
00:32:14,434 --> 00:32:15,702
PUT THEM ON THERE.

559
00:32:15,702 --> 00:32:18,104
THE IDAHO SUPREME COURT HAS 
FORMS AVAILABLE.

560
00:32:18,104 --> 00:32:20,740
LET'S MAKE THEM INTERACTIVE.

561
00:32:20,740 --> 00:32:22,809
PUT THEM ON A SINGLE WEBSITE.

562
00:32:22,809 --> 00:32:24,444
I'M TALKING ABOUT JUST COMMON 
SENSE.

563
00:32:24,444 --> 00:32:27,814
TALKING ABOUT GATHERING UP ALL 
THE RESOURCES THAT WE HAVE,

564
00:32:27,814 --> 00:32:31,117
PUTTING THEM IN ONE SPOT SO THAT 
THE PEOPLE OF THE STATE OF IDAHO

565
00:32:31,117 --> 00:32:33,086
CAN ACCESS THEM.

566
00:32:33,086 --> 00:32:36,189
>> NEXT QUESTION FROM REBECCA.

567
00:32:36,189 --> 00:32:40,360
>> MR. THE STATE BAR SURVEYED 
MEMBERS.

568
00:32:40,360 --> 00:32:43,530
[AUDIO NOT UNDERSTANDABLE] 
THEY RATED THEM IN FOUR

569
00:32:43,530 --> 00:32:46,666
CATEGORIES INCLUDING INTEGRITY, 
KNOWLEDGE OF THE LAW,

570
00:32:46,666 --> 00:32:50,837
TEMPERAMENT AND LEGAL AABILITY 
ON A SCALE OF ONE TO FOUR, FOUR

571
00:32:50,837 --> 00:32:52,138
BEING THE HIGHEST.

572
00:32:52,138 --> 00:32:58,978
MRS. BRODY YOU AVERAGED 3.64, 
SENATOR McKENZIE AVERAGED A

573
00:32:58,978 --> 00:32:59,779
1.86.

574
00:32:59,779 --> 00:33:03,883
HOW MUCH WEIGHT SHOULD VOTERS 
GIVE THESE SCORES?

575
00:33:03,883 --> 00:33:06,486
>> IT'S INCREDIBLY IMPORTANT 
SCORES.

576
00:33:06,486 --> 00:33:10,490
PEOPLE ASK ME, WHEN I'M OUT ON 
THE CAMPAIGN TRAIL THE FIRST

577
00:33:10,490 --> 00:33:14,160
THING THEY ASK IS DO WE REALLY 
VOTE FOR OUR SUPREME COURT

578
00:33:14,160 --> 00:33:14,494
JUSTICES?

579
00:33:14,494 --> 00:33:17,630
THE NEXT QUESTION IS, WHAT MAKES 
A GOOD ONE?

580
00:33:17,630 --> 00:33:22,268
THAT'S SUCH A HARD THING FOR 
PEOPLE TO EVALUATE.

581
00:33:22,268 --> 00:33:24,004
I'LL TELL YOU WHAT.

582
00:33:24,004 --> 00:33:28,708
AS MUCH AS WE ALL LOVE TO TELL A 
GOOD JOKE FROM TIME TO TIME, THE

583
00:33:28,708 --> 00:33:33,079
LAWYERS OF THIS STATE KNOW WHAT 
JUDGES DO, THEY KNOW WHAT IS

584
00:33:33,079 --> 00:33:36,182
IMPORTANT, THEY KNOW HOW TO 
EVALUATE IT AND THEY HAVE DONE

585
00:33:36,182 --> 00:33:37,283
THAT.

586
00:33:37,283 --> 00:33:38,718
THOSE SCORES MEAN SOMETHING.

587
00:33:38,718 --> 00:33:42,722
I HOPE IDAHO VOTERS WILL TAKE A 
LOOK AT THEM.

588
00:33:42,722 --> 00:33:45,825
>> SENATOR McKENZIE?

589
00:33:45,825 --> 00:33:51,131
>> IT DOESN'T SURPRISE ME THAT 
LAWYERS TEND TO LEAN TOWARDS

590
00:33:51,131 --> 00:33:55,468
SOMEONE WHO SERVED AS PRESIDENT 
OF THE TRIAL LAWYERS ASSOCIATION

591
00:33:55,468 --> 00:33:59,406
OVER SOMEONE MO MOST OF THEM 
KNOW ONLY AS A CONSERVATIVE

592
00:33:59,406 --> 00:34:01,775
REPUBLICAN STATE SENATOR.

593
00:34:01,775 --> 00:34:08,982
LAST YEAR A HARVARD LAW SCHOOL 
DID A SURVEY OF THE IDEOLOGY OF

594
00:34:08,982 --> 00:34:10,316
AMERICAN ATTORNEYS.

595
00:34:10,316 --> 00:34:13,319
THEY PUBLISHED IT LAST YEAR.

596
00:34:13,319 --> 00:34:17,090
WHAT THEY CALLED THE MOST 
COMPREHENSIVE PICTURE OF THE

597
00:34:17,090 --> 00:34:20,093
IDEOLOGY OF AMERICAN LAWYERS 
EVER ASSEMBLED.

598
00:34:20,093 --> 00:34:22,362
HERE'S WHAT THEY FOUND.

599
00:34:22,362 --> 00:34:26,533
JUST QUOTING FROM THEIR 
CONCLUSION, FIRST AMERICAN

600
00:34:26,533 --> 00:34:30,070
LAWYERS LEAN TO THE LEFT OF THE 
IDEOLOGICAL SPECTRUM.

601
00:34:30,070 --> 00:34:33,106
THE MODEL SCORE PLACES THE 
AVERAGE AMERICAN LAWYER'S

602
00:34:33,106 --> 00:34:35,875
IDEOLOGY CLOSE TO THE IDEOLOGY 
OF PRESIDENT CLINTON.

603
00:34:35,875 --> 00:34:40,447
THIS CONFIRMS PRIOR SCHOLARSHIP 
AND JOURNALISM ARGUED THAT THE

604
00:34:40,447 --> 00:34:43,016
LEGAL PROFESSION IS LIBERAL ON 
BALANCE.

605
00:34:43,016 --> 00:34:48,455
NOW, I DON'T KNOW MRS. BRODY'S 
PERSONAL PREFERENCES.

606
00:34:48,455 --> 00:34:53,026
SHE DOESN'T DISCUSS IT ON THE 
CAMPAIGN TRAIL BUT I WOULD

607
00:34:53,026 --> 00:34:58,031
EXPECT THE ATTORNEYS AND THAT 
BIAS TO BE REFLECTED ON AN

608
00:34:58,031 --> 00:35:00,600
ANONYMOUS SURVEY OF SOMEONE WHO 
WAS PRESIDENT OF THE TRIAL

609
00:35:00,600 --> 00:35:05,505
LAWYERS ASSOCIATION VERSUS 
SOMEONE WHO IS A CONSERVATIVE.

610
00:35:05,505 --> 00:35:08,475
HAS A RECORD AS A CONSERVATIVE 
REPUBLICAN STATE SENATOR.

611
00:35:08,475 --> 00:35:16,416
IN FACT WHEN YOU LOOK AT THE 
SURVEY RESULTS FROM 2010, THE

612
00:35:16,416 --> 00:35:20,253
RATINGS RATED HIGHER THAN ANY 
PERSON WHO HAS APPLIED TO THAT

613
00:35:20,253 --> 00:35:24,357
COURT INCLUDING TWO OF THE 
SITTING JUSTICES AS WELL AS

614
00:35:24,357 --> 00:35:29,162
SEVERAL DISTRICT JUDGES THAT I 
HAVE SAT IN FRONT OF.

615
00:35:29,162 --> 00:35:33,900
I AM PROUD THAT THOSE THAT I 
WORK THE CLOSEST WITH THEIR HAVE

616
00:35:33,900 --> 00:35:36,436
SUPPORTED ME.

617
00:35:36,436 --> 00:35:40,640
EVERY MEMBER OF THE MAJORITY 
LEADERSHIP TEAM THAT HAS SERVED

618
00:35:40,640 --> 00:35:43,710
ON STATE AFFAIRS COMMITTEE WHICH 
I CHAIRED HAS.

619
00:35:43,710 --> 00:35:48,281
EVERY MEMBER OF THE HOUSE 
LEADERSHIP TEAM AS WELL.

620
00:35:48,281 --> 00:35:51,384
SO I'M PROUD FOR THOSE 
ENDORSEMENTS.

621
00:35:51,384 --> 00:35:56,923
BUT I DO THINK WE NEED TO LOOK 
AT PEOPLE'S INHERENT BIASES WHEN

622
00:35:56,923 --> 00:35:59,592
THEY FILL OUT AN ANONYMOUS 
SURVEY.

623
00:35:59,592 --> 00:36:03,830
>> MRS. BRODY, I WANT TO GIVE 
YOU A CHANCE TO RESPOND.

624
00:36:03,830 --> 00:36:09,669
FIRST I WANT TO TOUCH ON 
SOMETHING YOU SAID.

625
00:36:09,669 --> 00:36:11,705
YOU POSTED ENDORSEMENTS, ALL 
REPUBLICANS.

626
00:36:11,705 --> 00:36:15,842
YOU MENTIONED YOU HAVE A 
REPUTATION FOR BEING A

627
00:36:15,842 --> 00:36:18,311
CONSERVATIVE REPUBLICAN.

628
00:36:18,311 --> 00:36:22,682
ARE YOU PROPERLY RUNNING FOR A 
NONPARTISAN OFFICE WITH ALL OF

629
00:36:22,682 --> 00:36:24,484
THESE ENDORSEMENTS THAT YOU HAVE 
BEEN TOUTING?

630
00:36:24,484 --> 00:36:26,886
>> WELL, THANK YOU.

631
00:36:26,886 --> 00:36:28,788
I'M PROUD OF THOSE ENDORSEMENTS.

632
00:36:28,788 --> 00:36:33,860
BUT I ALSO HAVE ENDORSEMENTS OF 
MEMBERS OF OTHER PARTIES THAT I

633
00:36:33,860 --> 00:36:35,795
HAVE WORKED WITH.

634
00:36:35,795 --> 00:36:42,602
AS PRESIDENT OF PENWER, OUR 
LEADERSHIP TEAM WAS MADE UP OF I

635
00:36:42,602 --> 00:36:45,805
WAS PRESIDENT FROM IDAHO BUT 
ALSO LEADERS FROM OREGON,

636
00:36:45,805 --> 00:36:48,008
BRITISH COLUMBIA AND MONTANA.

637
00:36:48,008 --> 00:36:54,014
AND THE THREE MEMBERS WHO SERVED 
AS VICE PRESIDENTS WHEN I WAS

638
00:36:54,014 --> 00:36:58,218
PRESIDENT OF THAT ORGANIZATION 
HAVE ALL ENDORSED ME.

639
00:36:58,218 --> 00:37:03,390
THEY ARE FROM THREE DIFFERENT 
POLITICAL PARTIES.

640
00:37:03,390 --> 00:37:06,226
SENATOR ROBELAND IS A DEMOCRAT 
FROM OREGON.

641
00:37:06,226 --> 00:37:10,697
MIKE CUFF IS A REPUBLICAN 
REPRESENTATIVE FROM MONTANA.

642
00:37:10,697 --> 00:37:17,771
DAN ASHTON WAS AN ML A FROM THE 
BRITISH COLUMBIA LIBERAL PARTY.

643
00:37:17,771 --> 00:37:21,241
THEY HAVE SENT A LETTER TO THE 
NEWSPAPERS ACROSS THE STATE AND

644
00:37:21,241 --> 00:37:24,044
I'LL READ A BRIEF PORTION OF 
THAT.

645
00:37:24,044 --> 00:37:27,414
THEY WROTE, WE'RE MEMBERS OF 
THREE DIFFERENT POLITICAL

646
00:37:27,414 --> 00:37:30,984
PARTIES BUT PARTY AFFILIATION 
WAS NEVER AN ISSUE AS WE WORKED

647
00:37:30,984 --> 00:37:34,154
CLOSELY WITH SENATOR McKENZIE 
TO ADVANCE NONPARTISAN SOLUTIONS

648
00:37:34,154 --> 00:37:35,889
TO REGIONAL ISSUES.

649
00:37:35,889 --> 00:37:40,960
SENATOR McKENZIE'S LEADERSHIP 
WAS FAIR, OPEN AND COLLABORATIVE

650
00:37:40,960 --> 00:37:44,164
AND FOCUSED ON ADVANCING THE 
BEST INTERESTS OF OUR REGION.

651
00:37:44,164 --> 00:37:49,703
WE BELIEVE THE QUALITIES THAT 
MADE HIM AN EFFECTED AN

652
00:37:49,703 --> 00:37:54,274
RESPECTED MEMBER OF PENWER WILL 
SERVE HIM WELL ON THE IDAHO

653
00:37:54,274 --> 00:37:59,045
SUPREME COURT.

654
00:37:59,045 --> 00:38:03,216
>> THE BAR SCORES ARE WHAT THEY 
ARE BECAUSE I EARNED THEM.

655
00:38:03,216 --> 00:38:05,852
I EARNED THEM OVER 20 YEARS.

656
00:38:05,852 --> 00:38:11,391
IF YOU TAKE A LOOK AT MY SERVICE 
IN THE BAR, EVERY ORGANIZATION

657
00:38:11,391 --> 00:38:15,762
THAT I HAVE BEEN A PART OF, I 
HAVE RISEN TO THE LEADERSHIP

658
00:38:15,762 --> 00:38:15,962
SPOT.

659
00:38:15,962 --> 00:38:19,966
I HAVE BEEN THE PRESIDENT OF THE 
5th DISTRICT BAR ASSOCIATION.

660
00:38:19,966 --> 00:38:24,137
I AM PART OF THE IDAHO TRIAL 
LAWSHES ASSOCIATION AND I BECAME

661
00:38:24,137 --> 00:38:24,871
THE PRESIDENT.

662
00:38:24,871 --> 00:38:30,977
I WAS A MEMBER OF A 
PROFESSIONALISM ORGANIZATION AND

663
00:38:30,977 --> 00:38:31,945
I BECAME THE PRESIDENT.

664
00:38:31,945 --> 00:38:36,316
IN 2014 THE BAR HONORED ME WITH 
A PROFESSIONALISM AWARD.

665
00:38:36,316 --> 00:38:40,153
WHEN PEOPLE CALL ME, AND IT 
HAPPENS VIRTUALLY EVERY DAY,

666
00:38:40,153 --> 00:38:44,858
THEY CALL OR THEY EMAIL, THEY 
ASK FOR MY ADVICE, MY INPUT.

667
00:38:44,858 --> 00:38:46,426
TALKING ABOUT MY PEERS NOW.

668
00:38:46,426 --> 00:38:49,729
PEOPLE COMING TO ME LOOKING FOR 
KNOWLEDGE AND INFORMATION.

669
00:38:49,729 --> 00:38:53,533
WHEN PEOPLE ASK ME TO TEACH, I 
TEACH.

670
00:38:53,533 --> 00:38:56,069
CONTINUING LEGAL EDUCATION IN 
ANY FORM THAT THEY ASK.

671
00:38:56,069 --> 00:38:59,272
I'M A MENTOR IN THE IDAHO TRIAL 
SKILLS ACADEMY.

672
00:38:59,272 --> 00:39:03,309
I MENTOR YOUNG LAWYERS IN 
PRACTICE LESS THAN TEN YEARS,

673
00:39:03,309 --> 00:39:05,745
HELP THEM BECOME BETTER LAWYERS.

674
00:39:05,745 --> 00:39:10,383
PEOPLE COME TO ME BECAUSE I GIVE 
BECAUSE I SERVE.

675
00:39:10,383 --> 00:39:14,220
I TRY TO PROVIDE THEM WITH THE 
BENEFIT OF THE KNOWLEDGE AND

676
00:39:14,220 --> 00:39:17,824
INFORMATION THAT I HAVE GOT.

677
00:39:17,824 --> 00:39:19,659
WE'RE TALKING ABOUT REPUTATION.

678
00:39:19,659 --> 00:39:23,663
SOMETHING THAT HAS TAKEN ME 20 
YEARS TO EARN.

679
00:39:23,663 --> 00:39:26,766
THAT'S WHY THE BAR SCORES ARE 
WHAT THEY ARE.

680
00:39:26,766 --> 00:39:29,502
IT'S NOT SIMPLY A REFLECTION OF 
BIAS.

681
00:39:29,502 --> 00:39:33,973
IT'S A REFLECTION OF PEOPLE 
KNOWING ME AND MOST IMPORTANTLY

682
00:39:33,973 --> 00:39:36,042
TRUSTING ME.

683
00:39:36,042 --> 00:39:38,678
>> THE NEXT QUESTION FROM BETSY 
RUSSELL.

684
00:39:38,678 --> 00:39:44,250
>> MRS. BRODY, WHILE YOU HAVE 
RECEIVED ENDORSEMENTS IN THIS

685
00:39:44,250 --> 00:39:47,053
RACE FROM AN ARRAY OF 
INDIVIDUALS IN IDAHO FROM BOTH

686
00:39:47,053 --> 00:39:52,325
POLITICAL PARTIES, STATE RECORDS 
DO SHOW THAT PRIOR TO YOUR

687
00:39:52,325 --> 00:39:57,697
MAKING THIS RUN IN PAST YEARS 
YOU DID GIVE POLITICAL

688
00:39:57,697 --> 00:39:59,599
DONATIONS, PARTISAN, ALL TO 
REPUBLICANS.

689
00:39:59,599 --> 00:40:05,171
HOW DO YOU RISE ABOVE YOUR PAST 
PARTISAN REPUBLICAN TIES TO SEEK

690
00:40:05,171 --> 00:40:06,439
THIS NONPARTISAN SEAT?

691
00:40:06,439 --> 00:40:07,540
>> SURE.

692
00:40:07,540 --> 00:40:11,444
I'M NOT APOLITICAL.

693
00:40:11,444 --> 00:40:17,884
BEFORE I SO THE THIS POSITION I 
PARTICIPATED ACTIVELY IN LOCAL

694
00:40:17,884 --> 00:40:18,251
POLITICS.

695
00:40:18,251 --> 00:40:23,289
I HAVE BROUGHT PIES TO PICNICS, 
I HAVE HELPED WIN RACES TO BE

696
00:40:23,289 --> 00:40:26,826
SURE, BUT WHEN IT COMES TO THIS 
RACE, WHEN I SIGNED UP FOR THIS

697
00:40:26,826 --> 00:40:32,465
RACE I KNEW IT WAS NONPARTISAN 
AND I WAS HAPPY TO SIGN ON.

698
00:40:32,465 --> 00:40:36,536
FRANKLY IN TODAY'S WORLD I LOVE 
THE FACT THAT IN THIS RACE I CAN

699
00:40:36,536 --> 00:40:40,106
REACH ACROSS THE AISLE TO 
DEMOCRATS, REPUBLICANS,

700
00:40:40,106 --> 00:40:42,208
CONSTITUTIONALISTS, 
INDEPENDENTS, IT DOESN'T MATTER.

701
00:40:42,208 --> 00:40:46,579
THE THING ABOUT IT IS WHEN IT 
COMES TO A SUPREME COURT

702
00:40:46,579 --> 00:40:51,217
JUSTICE, EVERY SINGLE PERSON ON 
THAT SPECTRUM WANTS THE SAME

703
00:40:51,217 --> 00:40:51,584
THING.

704
00:40:51,584 --> 00:40:55,155
THEY WANT SOMEBODY WHO IS GOING 
TO APPLY THE LAW, WHO WILL BE

705
00:40:55,155 --> 00:40:57,223
FAIR, TREAT PEOPLE WITH DIGNITY 
AND RESPECT.

706
00:40:57,223 --> 00:40:59,426
THEY WANT THE SAME THINGS, 
BETSY.

707
00:40:59,426 --> 00:41:01,628
IT DOESN'T MATTER WHAT THE 
POLITICAL LABEL IS.

708
00:41:01,628 --> 00:41:05,799
>> THE NEXT QUESTION IS FROM 
REBECCA BOONE.

709
00:41:05,799 --> 00:41:11,171
>> NUMBERS FROM EACH DISTRICT 
SHOW DISPARITIES IN THE AVERAGE

710
00:41:11,171 --> 00:41:15,008
LENGTH OF PROBATION AND 
SENTENCES ACROSS THE STATE FOR

711
00:41:15,008 --> 00:41:17,177
THE SAME TYPES OF CRIMES.

712
00:41:17,177 --> 00:41:20,547
THE AVERAGE LENGTH GIVEN IN 
DISTRICT 4 INCLUDING ADA COUNTY

713
00:41:20,547 --> 00:41:23,283
ARE ABOUT TWO YEARS LONGER THAN 
ELSEWHERE IN THE STATE.

714
00:41:23,283 --> 00:41:26,653
OBVIOUSLY IN YOUR ROLE IN THE 
LEGISLATURE YOU'RE DEEPLY

715
00:41:26,653 --> 00:41:29,089
FAMILIAR WITH WHAT LAWMAKERS 
HAVE BEEN DOING.

716
00:41:29,089 --> 00:41:33,259
I WOULD LIKE TO KNOW IF YOU 
THINK THE COURT SHOULD ADDRESS

717
00:41:33,259 --> 00:41:36,730
THESE SENTENCING DISPARITIES AND 
IF SO, HOW.

718
00:41:36,730 --> 00:41:37,097
>> THANK YOU.

719
00:41:37,097 --> 00:41:43,269
THE COURT HAS TO BE A PART OF 
THE SOLUTION TO ISSUES OF

720
00:41:43,269 --> 00:41:45,271
JUSTICE AND INCARCERATION IN OUR 
STATE.

721
00:41:45,271 --> 00:41:49,676
I WAS ONE OF THE CO-SPONSORS OF 
THE JUSTICE REINVESTMENT ACT.

722
00:41:49,676 --> 00:41:52,946
I SERVED ON THE PUBLIC DEFENSE 
REFORM COMMITTEE.

723
00:41:52,946 --> 00:41:58,051
BOTH OF THOSE ARE REFLECTIONS OF 
ISSUES THAT WE ARE SEEING AS A

724
00:41:58,051 --> 00:42:01,888
STATE RELATED TO INCARCERATION 
LEVELS AND THE REPRESENTATION

725
00:42:01,888 --> 00:42:04,791
THAT PEOPLE HAVE WHEN THEY GO 
THROUGH OUR COURT SYSTEM.

726
00:42:04,791 --> 00:42:09,696
I BELIEVE THE COURT HAS A VERY 
IMPORTANT ROLE WORKING WITH THE

727
00:42:09,696 --> 00:42:13,633
LEGISLATURE AND THE EXECUTIVE 
BRANCH AS WE IMPLEMENT THE

728
00:42:13,633 --> 00:42:17,871
JUSTICE REINVESTMENT ACT AND 
ALARGE -- A LARGE PART OF THAT

729
00:42:17,871 --> 00:42:25,345
ACT WAS TO MOVE PEOPLE TO SPROFS 
-- SUPERVISION IN THE COMMUNITY

730
00:42:25,345 --> 00:42:28,181
AWAY FROM INCARCERATION.

731
00:42:28,181 --> 00:42:33,820
RIGHT NOW THERE'S BEING RULES 
IMPLEMENTED TO PUT THAT INTO

732
00:42:33,820 --> 00:42:34,087
PLACE.

733
00:42:34,087 --> 00:42:38,024
I THINK IT'S GOING TO TAKE SOME 
TIME BEFORE WE DO THAT.

734
00:42:38,024 --> 00:42:41,528
GET THE FUNDING FOR DIFFERENT 
JURISDICTIONS FOR US TO HAVE

735
00:42:41,528 --> 00:42:41,928
THAT.

736
00:42:41,928 --> 00:42:46,032
BUT THE COURT HAS TO WORK WITH 
THE LEGISLATURE, MONITOR THE

737
00:42:46,032 --> 00:42:50,837
CASES, WORK WITH THE EXECUTIVE 
BRANCH TO MONITOR THE SENTENCES

738
00:42:50,837 --> 00:42:55,308
AND OUR COUNTIES TO MAKE SURE 
THAT SUPERVISION TOOLS ARE IN

739
00:42:55,308 --> 00:42:56,743
PLACE FOR THEM TO DO THAT.

740
00:42:56,743 --> 00:42:58,578
IT'S GOING TO BE A LONG PROCESS.

741
00:42:58,578 --> 00:43:03,316
BUT I'M GLAD THAT WE ARE LOOKING 
AT IT IN THAT WAY BECAUSE I

742
00:43:03,316 --> 00:43:06,786
THINK IT'S IMPORTANT FOR OUR 
COMMUNITIES TO DEAL WITH PEOPLE

743
00:43:06,786 --> 00:43:12,325
IN AN APPROPRIATE WAY TO NOT 
OVER-INCARCERATE IF WE CAN DO SO

744
00:43:12,325 --> 00:43:12,592
SAFELY.

745
00:43:12,592 --> 00:43:17,897
I THINK WE CAN IN MANY 
CIRCUMSTANCES.

746
00:43:17,897 --> 00:43:24,437
>> I THINK IT'S IMPORTANT THAT 
JUDGES IF YOU SEE A STATISTIC

747
00:43:24,437 --> 00:43:27,807
THAT SHOWS A GREAT VARIATION 
AMONG THE DISTRICTS IN THIS

748
00:43:27,807 --> 00:43:31,077
STATE I THINK IT'S INCREDIBLY 
IMPORTANT TO BRING IT TO THE

749
00:43:31,077 --> 00:43:33,013
ATTENTION OF THE JUDGES AND TO 
TALK ABOUT IT.

750
00:43:33,013 --> 00:43:34,547
FIGURE OUT WHY IS IT?

751
00:43:34,547 --> 00:43:36,983
WHAT'S HAPPENING WITHIN THE 
SYSTEM?

752
00:43:36,983 --> 00:43:39,085
I THINK YOU HAVE TO START THERE.

753
00:43:39,085 --> 00:43:39,452
WHY?

754
00:43:39,452 --> 00:43:41,287
WHY IS IT THAT THIS IS 
HAPPENING.

755
00:43:41,287 --> 00:43:46,092
FROM THERE YOU CAN ADDRESS WHAT 
IF ANYTHING NEEDS TO BE DONE

756
00:43:46,092 --> 00:43:47,293
ABOUT IT.

757
00:43:47,293 --> 00:43:51,197
>> ALL RIGHT, THE IN EX QUESTION 
COMES FROM BETSY RUSSELL.

758
00:43:51,197 --> 00:43:55,201
>> MRS. BRODY, YOU HAVE BEEN 
ENDORSED BY MANY HIGH PROFILE

759
00:43:55,201 --> 00:43:58,838
LAW ENFORCEMENT OFFICIALS 
INCLUDING EIGHT IDAHO SHERIFFS

760
00:43:58,838 --> 00:43:59,973
AND 18 PROSECUTORS.

761
00:43:59,973 --> 00:44:03,243
AS A JUSTICE ON THE SUPREME 
COURT HOW CAN YOU BE FAIR TO

762
00:44:03,243 --> 00:44:10,316
CITIZENS WHO HAVE DISPUTES 
AGAINST LAW ENFORCEMENT?

763
00:44:10,316 --> 00:44:11,051
>> 
[AUDIO NOT UNDERSTANDABLE]

764
00:44:11,051 --> 00:44:12,852
THERE'S A PLACE FOR IT.

765
00:44:12,852 --> 00:44:19,092
IT'S INCREDIBLY IMPORTANT THAT 
WE RECOGNIZE -- THAT EVERYONE AT

766
00:44:19,092 --> 00:44:22,896
THE END OF THE DAY IS 
ACCOUNTABLE FOR WHAT THEY DO.

767
00:44:22,896 --> 00:44:25,999
I BELIEVE AS A SUPREME COURT 
JUSTICE I UNDERSTAND HOLDING

768
00:44:25,999 --> 00:44:27,067
PEOPLE ACCOUNTABLE.

769
00:44:27,067 --> 00:44:29,436
NO MATTER WHAT THEIR AFFILIATION 
IS.

770
00:44:29,436 --> 00:44:33,440
AT THE END OF THE DAY, THAT IS 
WHAT IS IMPORTANT.

771
00:44:33,440 --> 00:44:38,545
>> SENATOR McKENZIE, THE 
FRATERNAL ORDER OF POLICE

772
00:44:38,545 --> 00:44:42,716
WITHDREW ITS ENDORSEMENT OF YOU 
BECAUSE YOU FILED A COUPLE OF

773
00:44:42,716 --> 00:44:47,020
UNSUCCESSFUL CIVIL LAWSUITS 
AGAINST LAW OFFICERS CHARGING

774
00:44:47,020 --> 00:44:51,024
EXCESSIVE FORCE INCLUDING A HIGH 
FILE CASE IN WHICH A SUSPECT WAS

775
00:44:51,024 --> 00:44:51,291
SHOT.

776
00:44:51,291 --> 00:44:54,561
AS A JUSTICE ON THE SUPREME 
COURT HOW CAN YOU BE FAIR TO LAW

777
00:44:54,561 --> 00:44:54,894
ENFORCEMENT?

778
00:44:54,894 --> 00:44:59,232
>> WHAT I WOULD SAY IS I'M PROUD 
OF THE ENDORSEMENTS THAT I HAVE

779
00:44:59,232 --> 00:45:02,869
AND MY FRIENDSHIP WITH OUR FIRST 
RESPONDERS.

780
00:45:02,869 --> 00:45:06,773
BUT THERE'S NO ENDORSEMENT THAT 
IS WORTH MORE TO ME THAN THE

781
00:45:06,773 --> 00:45:09,609
CONSTITUTIONAL RIGHT OF ONE 
IDAHOAN.

782
00:45:09,609 --> 00:45:15,148
AS A STATE SENATOR, I CARRIED 
THE MOST SIGNIFICANT BILLS ON

783
00:45:15,148 --> 00:45:17,617
BEHALF OF THE FRATERNAL ORDER OF 
POLICE.

784
00:45:17,617 --> 00:45:21,621
I CARRIED THE PEACE OFFICERS 
TEMPORARY DISABILITY BILL TO

785
00:45:21,621 --> 00:45:24,858
ENSURE THAT THEIR SALARY AND 
BENEFITS CONTINUED DURING

786
00:45:24,858 --> 00:45:26,693
PERIODS OF TEMPORARY DISABILITY.

787
00:45:26,693 --> 00:45:31,631
I CARRIED A BILL TO PROTECT 
THEIR IDENTITIES WHEN THEY ARE

788
00:45:31,631 --> 00:45:32,899
SUED IN COURT.

789
00:45:32,899 --> 00:45:38,438
I WORKED CLOSELY WITH THE FOP TO 
SET UP THE INTERNET CRIMES

790
00:45:38,438 --> 00:45:41,908
AGAINST CHILDREN UNIT IN THE 
ATTORNEY'S OFFICE AND EVEN THIS

791
00:45:41,908 --> 00:45:47,981
SESSION WORKING WITH SENATOR 
KEOGHAND SPEAKER --

792
00:45:47,981 --> 00:45:50,817
[AUDIO NOT UNDERSTANDABLE] 
TO ENSURE THAT THAT REMAINS AN

793
00:45:50,817 --> 00:45:51,618
INVESTIGATIVE UNIT.

794
00:45:51,618 --> 00:45:57,123
I HAVE ON MY SENATE CALL MY 
PLAQUE AS THE FOP SENATOR OF THE

795
00:45:57,123 --> 00:46:02,562
YEAR NEXT TO THE PLAQUE OF THE 
FIREFIGHTERS SENATOR OF THE

796
00:46:02,562 --> 00:46:02,762
YEAR.

797
00:46:02,762 --> 00:46:05,699
I'M PROUD OF THE FRIENDSHIPS 
THAT I HAVE THERE.

798
00:46:05,699 --> 00:46:10,203
BUT I ALSO BELIEVE THAT THE 
CONSTITUTION PROTECTS THE RIGHTS

799
00:46:10,203 --> 00:46:11,604
OF EVERY IDAHOAN.

800
00:46:11,604 --> 00:46:16,509
SO THE CASE THAT YOU MENTIONED, 
SOMEONE SHOT DURING ARREST, I

801
00:46:16,509 --> 00:46:21,247
HAD A CASE WHERE SOMEONE HAD 
THEIR CLAVICLE BROKEN DURING

802
00:46:21,247 --> 00:46:23,983
SERVICE OF A MISDEMEANOR 
WARRANT.

803
00:46:23,983 --> 00:46:28,888
THEN I HAD A CASE WHERE A 
TEENAGE BOY WAS GROOMED AND

804
00:46:28,888 --> 00:46:32,692
DRUGGED AND SEXUALLY MOLESTED BY 
A SCHOOL RESOURCE OFFICER.

805
00:46:32,692 --> 00:46:36,696
THEY DESERVE TO HAVE THEIR 
CONSTITUTIONAL RIGHTS PROTECTED.

806
00:46:36,696 --> 00:46:43,169
I UNDERSTAND AND I RESPECT THE 
FOP PROTECTION OF ITS OWN AND TO

807
00:46:43,169 --> 00:46:45,005
STAND UP FOR ITS MEMBERS.

808
00:46:45,005 --> 00:46:47,974
THEY SHOULD DO THAT, BUT I HAVE 
A DIFFERENT JOB.

809
00:46:47,974 --> 00:46:52,078
MY JOB IS TO STAND UP FOR THE 
CONSTITUTION REGARDLESS OF MY

810
00:46:52,078 --> 00:46:54,814
FRIENDSHIP OR MY PREFERENCES.

811
00:46:54,814 --> 00:46:56,716
>> DO YOU WANT TO RESPOND?

812
00:46:56,716 --> 00:46:57,450
>> I DO.

813
00:46:57,450 --> 00:47:00,320
YOU KNOW, I AGREE THAT 
PROTECTING SOMEONE'S

814
00:47:00,320 --> 00:47:03,690
CONSTITUTIONAL RIGHTS IS 
INCREDIBLY, INCREDIBLY

815
00:47:03,690 --> 00:47:04,024
IMPORTANT.

816
00:47:04,024 --> 00:47:06,292
I'LL BE THE FIRST TO STAND UP TO 
DO THAT.

817
00:47:06,292 --> 00:47:11,231
BUT I'LL TELL YOU, AS LAWYERS 
WHEN WE HAVE KEYS TO THE

818
00:47:11,231 --> 00:47:15,869
COURTHOUSE, YOU HAVE TO USE 
IMPECCABLE JUDGMENT.

819
00:47:15,869 --> 00:47:18,938
YOU HAVE TO KNOW WHAT CASES TO 
FILE.

820
00:47:18,938 --> 00:47:21,875
YOU HAVE TO KNOW WHAT CASES NOT 
TO FILE.

821
00:47:21,875 --> 00:47:29,616
YOU HAVE TO USE INCREDIBLE, 
INCREDIBLE JUDGMENT BECAUSE

822
00:47:29,616 --> 00:47:31,251
THERE ARE CONSEQUENCES.

823
00:47:31,251 --> 00:47:35,422
WHEN CASES GET BROUGHT THAT 
DON'T OR SHOULD NOT HAVE BEEN

824
00:47:35,422 --> 00:47:39,993
BROUGHT, IT MAKES IT SO 
DIFFICULT FOR THE NEXT PERSON

825
00:47:39,993 --> 00:47:46,166
WHO NEEDS TO BRING THAT CASE TO 
GET JUSTICE.

826
00:47:46,166 --> 00:47:51,438
THAT'S I BELIEVE WHY THE 
FOP REVOKED THEIR ENDORSEMENT.

827
00:47:51,438 --> 00:47:53,440
>> SENATOR McKENZIE?

828
00:47:53,440 --> 00:47:59,045
>> YES, THE CASE THAT MRS. BRODY 
IS TALKING ABOUT I ONLY GOT

829
00:47:59,045 --> 00:48:01,848
INVOLVED AFTER IT HAD GONE 
THROUGH SUMMARY JUDGMENT BEFORE

830
00:48:01,848 --> 00:48:07,387
A FEDERAL JUDGE, WHICH IS WHERE 
A JUDGE LOOKS AT THE FACTS OF A

831
00:48:07,387 --> 00:48:11,491
CASE AND DETERMINES THAT IT IS 
APPROPRIATE TO GO BEFORE A JURY.

832
00:48:11,491 --> 00:48:14,761
THAT'S WHEN I GOT INVOLVED IN 
THAT CASE.

833
00:48:14,761 --> 00:48:19,032
THOSE KIND OF ISSUES NEED TO BE 
RESOLVED IN OUR COURT SYSTEMS

834
00:48:19,032 --> 00:48:21,034
RATHER THAN OTHER PLACES.

835
00:48:21,034 --> 00:48:21,968
>> THANK YOU, SENATOR.

836
00:48:21,968 --> 00:48:23,703
WE HAVE TO MOVE ON.

837
00:48:23,703 --> 00:48:26,773
REBECCA BOONE HAS A QUESTION.

838
00:48:26,773 --> 00:48:30,310
>> MRS. BRODY, THE COURTS ARE 
CURRENTLY FUNDED IN LARGE PART

839
00:48:30,310 --> 00:48:33,413
BY FEES FOR CRIMINAL AND CIVIL 
CASES.

840
00:48:33,413 --> 00:48:37,317
BUT THE FUNDING STREAM ISN'T 
STABLE AND CIVIL FILINGS HAVE

841
00:48:37,317 --> 00:48:38,785
DROPPED PARTICULARLY.

842
00:48:38,785 --> 00:48:41,688
SO THE FUNDING HAS DROPPED.

843
00:48:41,688 --> 00:48:44,991
AS A MEMBER OF THE IDAHO SUPREME 
COURT IF ELECTED WHAT STEPS

844
00:48:44,991 --> 00:48:49,896
WOULD YOU PURSUE TO ADDRESS THE 
DECLINING FEE FUNDING AND ENSURE

845
00:48:49,896 --> 00:48:51,498
ADEQUATE BUDGETS FOR IDAHO 
COURTS?

846
00:48:51,498 --> 00:48:53,066
>> GOT TO WORK WITH THE 
LEGISLATURE.

847
00:48:53,066 --> 00:48:56,803
AT THE END OF THE DAY, THEY MAKE 
THOSE DECISIONS.

848
00:48:56,803 --> 00:49:01,374
WHAT I DON'T WANT TO SEE US DO, 
I DON'T WANT TO SEE US RAISE

849
00:49:01,374 --> 00:49:01,641
FEES.

850
00:49:01,641 --> 00:49:05,845
BECAUSE I THINK IT CREATES 
PROBLEMS WITH ACCESS TO THE

851
00:49:05,845 --> 00:49:06,112
COURT.

852
00:49:06,112 --> 00:49:10,116
AT THE END OF THE DAY WE HAVE TO 
GO -- GOT TO ENSURE AND THE

853
00:49:10,116 --> 00:49:14,387
LEGISLATURE IS A PART OF THAT, 
ENSURING THAT WE HAVE A COURT

854
00:49:14,387 --> 00:49:18,224
SYSTEM THAT IS FULLY AND 
ADEQUATELY FUNDED SO WE CAN TAKE

855
00:49:18,224 --> 00:49:22,662
CARE OF IDAHO'S JUDICIAL NEEDS.

856
00:49:22,662 --> 00:49:26,566
>> THE COURTS DO HAVE SOME 
SIGNIFICANT DISCRETION, THOUGH,

857
00:49:26,566 --> 00:49:33,039
OVER SUGGESTING WHAT FEES WOULD 
BE APPROPRIATE, WHEN THEY SHOULD

858
00:49:33,039 --> 00:49:33,973
BE IMPLEMENTED.

859
00:49:33,973 --> 00:49:38,778
SOME CRITICS SAY PARTICULARLY 
THE CRIMINAL FEES AND FAMILY LAW

860
00:49:38,778 --> 00:49:43,583
RELATED FILING FEES ACTUALLY PUT 
THE BURDEN ON SOME OF IDAHO'S

861
00:49:43,583 --> 00:49:44,884
MOST VULNERABLE CITIZENS.

862
00:49:44,884 --> 00:49:49,356
IN THOSE SITTINGSES SHOULD THERE 
BE ANOTHER REVENUE STREAM?

863
00:49:49,356 --> 00:49:54,794
>> WELL, I CERTAINLY CAN'T ARGUE 
WITH THE IDEA THAT THOSE FEES

864
00:49:54,794 --> 00:49:56,629
PUT A BURDEN ON PEOPLE.

865
00:49:56,629 --> 00:49:58,431
HAVE SEEN IT IN MY OWN PRACTICE.

866
00:49:58,431 --> 00:50:02,502
I HAVE HAD TO FILE PAPERWORK TO 
TRY TO GET FEES WAIVED BUT IT'S

867
00:50:02,502 --> 00:50:03,236
DIFFICULT TO DO.

868
00:50:03,236 --> 00:50:06,506
I WOULD LOVE TO SEE AN 
ALTERNATIVE, BUT YOU KNOW, THE

869
00:50:06,506 --> 00:50:10,543
REALTY IS IN A STATE LIKE IDAHO 
YOU HAVE TO WORK CLOSELY WITH

870
00:50:10,543 --> 00:50:11,378
THE LEGISLATURE.

871
00:50:11,378 --> 00:50:16,449
YOU HAVE TO WORK CLOSELY WITH 
COUNTIES TO MAKE SURE THAT

872
00:50:16,449 --> 00:50:22,288
YOU'RE MAXIMIZING THE RESOURCES 
THAT YOU'VE GOT AND MAKING THE

873
00:50:22,288 --> 00:50:23,456
BEST DECISIONS POSSIBLE.

874
00:50:23,456 --> 00:50:26,359
THERE'S NOT AN EASY ANSWER TO 
THE FUNDING PROBLEM.

875
00:50:26,359 --> 00:50:30,997
>> SENATOR McKENZIE, THE 
STRUGGLE TO FUND THE COURTS,

876
00:50:30,997 --> 00:50:32,899
WHAT DO YOU THINK NEEDS TO BE 
DONE?

877
00:50:32,899 --> 00:50:42,008
>> WELL, I HAVE WORKED WITH THE 
COURT LOBBYIST ON A NUMBER OF --

878
00:50:42,008 --> 00:50:46,012
PUTTING OUR SENIOR JUDGE PROGRAM 
IN PLACE TO UTILIZE JUDGES WHO

879
00:50:46,012 --> 00:50:48,148
HAD RETIRED BACK IN OUR COURT 
SYSTEM.

880
00:50:48,148 --> 00:50:52,952
I HAVE WORKED ON OTHER THINGS I 
TALK ABOUT THE FOP BILL, THESE

881
00:50:52,952 --> 00:50:56,122
THINGS OFTEN GET PUT ON TO FEES 
AND COSTS.

882
00:50:56,122 --> 00:50:59,325
AS YOU SAY IN CRIMINAL CONTEXT 
SOMETIMES THEY DON'T GET PAID.

883
00:50:59,325 --> 00:51:02,495
IF A PERSON IS SENT TO PRISON, 
DOESN'T GET PAID.

884
00:51:02,495 --> 00:51:08,234
IN A CIVIL CONTEST IT CAN BE 
VERY, VERY EXPENSIVE AND WE'RE

885
00:51:08,234 --> 00:51:08,868
HAVING FEWER FILINGS.

886
00:51:08,868 --> 00:51:13,239
THIS IS AN ONGOING ISSUE THAT 
THE COURT, THE LEGISLATURE, AND

887
00:51:13,239 --> 00:51:17,610
THE COUNTY BECAUSE THEY ARE 
INVOLVED IN THE PUBLIC DEFENSE

888
00:51:17,610 --> 00:51:19,546
SYSTEM SO HEAVILY HAVE TO 
RESOLVE.

889
00:51:19,546 --> 00:51:23,350
I THINK THE FEES AND COSTS ARE 
GOING TO BE A COMPONENT BUT YOU

890
00:51:23,350 --> 00:51:26,920
CANNOT KEEP ADDING TO THOSE TO 
PAY FOR THE SYSTEM.

891
00:51:26,920 --> 00:51:30,390
SO IT'S SOMETHING WE HAVE TO 
LOOK AT AND ALL THREE BRANCH

892
00:51:30,390 --> 00:51:33,893
VERSUS TO WORK TOGETHER TO MAKE 
SURE OUR COURTS ARE ACCESSIBLE

893
00:51:33,893 --> 00:51:38,832
BUT WE'RE PAYING FOR THINGS WE 
NEED TO PAY FOR.

894
00:51:38,832 --> 00:51:42,569
>> MRS. BROAD YOU, BOTH YOUR 
PRACTICES RESIDE IN AREAS WHERE

895
00:51:42,569 --> 00:51:47,307
THE NEW ODYSSEY SYSTEM, 
PAPERLESS SYSTEM, HAS BEEN

896
00:51:47,307 --> 00:51:49,042
ROLLING OUT FOR OUR COURTS.

897
00:51:49,042 --> 00:51:52,846
WHAT HAS YOUR EXPERIENCE BEEN 
AENED WHAT WOULD YOU CHANGE

898
00:51:52,846 --> 00:51:53,680
MOVING FORWARD?

899
00:51:53,680 --> 00:51:55,315
>> I LOVE ELECTRONIC FILING.

900
00:51:55,315 --> 00:51:59,619
I HAVE BEEN PRACTICING PRIMARILY 
IN THE WATER COURTS OVER THE

901
00:51:59,619 --> 00:52:02,222
LAST FIVE YEARS AND I'M SPOLD 
ROTTEN.

902
00:52:02,222 --> 00:52:02,889
I LOVE IT.

903
00:52:02,889 --> 00:52:04,424
IT MAKES LIFE A LOT EASIER.

904
00:52:04,424 --> 00:52:05,892
>> SAME QUESTION, SENATOR.

905
00:52:05,892 --> 00:52:10,997
>> I HAVE UTILIZED IT MOSTLY IN 
THE FEDERAL COURT SYSTEM WHERE

906
00:52:10,997 --> 00:52:14,434
IT'S ALL ELECTRONIC FILING.

907
00:52:14,434 --> 00:52:16,870
ADA COUNTY IS JUST STARTING IT 
THERE.

908
00:52:16,870 --> 00:52:20,640
I DO THINK IT'S AN IMPORTANT 
TOOL TO GAIN ACCESS TO THE COURT

909
00:52:20,640 --> 00:52:23,376
RECORDS ARE MORE ACCESSIBLE TO 
PEOPLE.

910
00:52:23,376 --> 00:52:26,646
IT'S EASIER TO FILE ONCE YOU 
FIGURE OUT THE SYSTEM.

911
00:52:26,646 --> 00:52:31,818
AND THE NOTICES THAT GO OUT ARE 
EASIER FOR THE ATTORNEYS TO

912
00:52:31,818 --> 00:52:34,354
FOLLOW AND FIND OUT WHEN THEIR 
DEADLINES ARE.

913
00:52:34,354 --> 00:52:37,023
IT'S AN IMPORTANT PROCESS THAT 
WE'RE JUST STARTING TO IMPLEMENT

914
00:52:37,023 --> 00:52:38,091
IN IDAHO.

915
00:52:38,091 --> 00:52:41,461
I'M VERY FAMILIAR WITH IT FROM 
HAVING PRACTICED IN FEDERAL

916
00:52:41,461 --> 00:52:44,297
COURT AND I'M GLAD TO SEE WE'RE 
DOING IT AT THE STATE LEVEL.

917
00:52:44,297 --> 00:52:48,301
WE'RE GOING TO CONTINUE TO 
EXPAND THAT THROUGHOUT THE

918
00:52:48,301 --> 00:52:48,535
STATE.

919
00:52:48,535 --> 00:52:52,939
>> MRS. BRODY, PART OF ONE OF 
THE AIMS OF THE NEW SYSTEM IS TO

920
00:52:52,939 --> 00:52:56,743
MAKE COURT DOCUMENTS MORE WIDELY 
AVAILABLE TO PEOPLE ALL

921
00:52:56,743 --> 00:53:00,146
THROUGHOUT THE STATE AS THEY 
HAVE BEEN IN FEDERAL COURT

922
00:53:00,146 --> 00:53:01,348
ALTHOUGH WE'RE NOT THERE YET.

923
00:53:01,348 --> 00:53:04,951
HOW DO YOU VIEW THAT KIND OF 
TRANSPARENCY AND WHAT SHOULD WE

924
00:53:04,951 --> 00:53:07,954
BE DOING AS FAR AS TRANSPARENCY 
IN OUR COURTS?

925
00:53:07,954 --> 00:53:11,424
>> I THINK IT'S INCREDIBLY 
IMPORTANT THAT PEOPLE HAVE

926
00:53:11,424 --> 00:53:12,892
ACCESS TO THE DOCUMENTS 
THEMSELVES.

927
00:53:12,892 --> 00:53:16,696
I HAVE HAD CONVERSATIONS WITH 
STEVE KENYAN, THE COURT CLERK,

928
00:53:16,696 --> 00:53:19,499
ABOUT THE ODYSSEY SYSTEM AND 
ABOUT WHEN THE COURT WILL BE

929
00:53:19,499 --> 00:53:22,602
MOVING TO ACTUALLY MAKING THOSE 
DOCUMENTS AVAILABLE.

930
00:53:22,602 --> 00:53:27,974
RIGHT NOW OF COURSE THE COURT IS 
GETTING ALL OF THE FILINGS

931
00:53:27,974 --> 00:53:31,244
ACTUALLY TAKING PLACE ONLINE AND 
ONCE THAT IS UP AND ROLLING I

932
00:53:31,244 --> 00:53:34,814
KNOW THE COURT WILL BE WRESTLING 
WITH THE ISSUE HOW DO WE BEST

933
00:53:34,814 --> 00:53:38,084
DELIVER ACTUAL ACCESS TO THE 
DOCUMENTS THEMSELVES AND I'M

934
00:53:38,084 --> 00:53:41,087
EXCITED TO BE A PART OF THAT 
DISCUSSION.

935
00:53:41,087 --> 00:53:43,556
I'M A PACER USER MYSELF.

936
00:53:43,556 --> 00:53:45,091
THAT'S THE FEDERAL FILING 
SYSTEM.

937
00:53:45,091 --> 00:53:48,762
I WOULD LOVE TO PLAY A ROLE IN 
MAKING SOME OF THOSE DECISIONS.

938
00:53:48,762 --> 00:53:52,132
>> SENATOR McKENZIE, HOW 
TRANSPARENT SHOULD OUR COURT

939
00:53:52,132 --> 00:53:53,400
SYSTEM BE?

940
00:53:53,400 --> 00:53:56,469
HOW EASY SHOULD IT BE TO GET 
THOSE RECORDS FOR PEOPLE ACROSS

941
00:53:56,469 --> 00:53:58,405
THE STATE?

942
00:53:58,405 --> 00:54:02,942
>> IN PUBLICLY FILED CASES WHERE 
THEY ARE NOT UNDER SEAL, THEY

943
00:54:02,942 --> 00:54:05,412
SHOULD BE VERY ACCESSIBLE TO THE 
PEOPLE.

944
00:54:05,412 --> 00:54:07,981
HERE IN IDAHO WE'RE USED TO A 
SYSTEM THAT'S LIKE THAT BECAUSE

945
00:54:07,981 --> 00:54:11,685
OF THE FEDERAL COURT SYSTEM 
WHERE IT'S VERY EASY TO GET

946
00:54:11,685 --> 00:54:17,590
COPIES OF DOCUMENTS OFF THE 
PACER SYSTEM IN PDF FORMS.

947
00:54:17,590 --> 00:54:21,161
THAT'S A VERY USEFUL THING AND 
I'M GLAD TO SEE IN IDAHO WE'RE

948
00:54:21,161 --> 00:54:26,099
TART TOKING DO IN THAT -- 
STARTING TO GO IN THAT DIRECTION

949
00:54:26,099 --> 00:54:29,235
AND MAKE THOSE RECORDS 
ACCESSIBLE TO EVERYONE.

950
00:54:29,235 --> 00:54:31,871
>> ONE LAST QUESTION.

951
00:54:31,871 --> 00:54:35,542
JUSTICES ARE APPOINTED BY THE 
PRESIDENT AND APPROVED BY THE

952
00:54:35,542 --> 00:54:35,909
SENATE.

953
00:54:35,909 --> 00:54:40,513
SHOULD THE DECISION BE LEFT TO 
VOTERS?

954
00:54:40,513 --> 00:54:43,650
>> YOU KNOW, I'LL TAKE MY 
CHANCES WITH THE IDAHO VOTERS

955
00:54:43,650 --> 00:54:46,720
EVERY DAY OF THE WEEK.

956
00:54:46,720 --> 00:54:47,454
>> SENATOR?

957
00:54:47,454 --> 00:54:50,724
>> I BELIEVE WE HAVE THE RIGHT 
PROCESS FOR IDAHO.

958
00:54:50,724 --> 00:54:53,560
WE HAVE SEEN HOW POLITICAL THAT 
APPOINTMENT CAN BE AT THE

959
00:54:53,560 --> 00:54:54,928
FEDERAL LEVEL.

960
00:54:54,928 --> 00:54:58,932
I TRUST THE PEOPLE OF IDAHO TO 
MAKE THE RIGHT CHOICE FOR IDAHO.

961
00:54:58,932 --> 00:54:59,699
>> OKAY.

962
00:54:59,699 --> 00:55:02,502
THAT'S ABOUT ALL THE TIME WE 
HAVE FOR QUESTIONS.

963
00:55:02,502 --> 00:55:03,570
THAT WAS FUN.

964
00:55:03,570 --> 00:55:05,672
WE DIDN'T EVEN HAVE ANY LAWYER 
JOKES.

965
00:55:05,672 --> 00:55:07,240
THAT WAS GREAT.

966
00:55:07,240 --> 00:55:09,676
IT IS TIME FOR CLOSING 
STATEMENTS.

967
00:55:09,676 --> 00:55:11,978
SENATOR McKENZIE, YOU WON THE 
COIN TOSS.

968
00:55:11,978 --> 00:55:13,046
YOU GO FIRST.

969
00:55:13,046 --> 00:55:13,413
>> THANK YOU.

970
00:55:13,413 --> 00:55:17,250
AGAIN I WANT TO THANK OUR HOST 
FOR HAVING US HERE FOR EACH OF

971
00:55:17,250 --> 00:55:19,419
YOU WHO HAVE WATCHED THIS.

972
00:55:19,419 --> 00:55:25,492
I BELIEVE THAT THE BACKGROUND 
THAT I HAVE IN THE LEGISLATURE

973
00:55:25,492 --> 00:55:30,497
HAS GIVEN ME A KNOWLEDGE OF 
SEPARATION OF POWERS, IMPORTANT

974
00:55:30,497 --> 00:55:32,332
FOR SOMEONE TO HAVE ON THE 
COURT.

975
00:55:32,332 --> 00:55:35,268
IN IDAHO WE HAVE A LONG 
TRADITION OF THOSE HAVING SERVED

976
00:55:35,268 --> 00:55:38,972
IN ELECTED OFFICE ALSO BEING ON 
OUR COURT.

977
00:55:38,972 --> 00:55:43,343
IT'S AN IMPORTANT ROLE FOR A 
JUSTICE TO HAVE TO UNDERSTAND

978
00:55:43,343 --> 00:55:49,716
THAT THEIR ROLE IS FUNDAMENTALLY 
DIFFERENT THAN SETTING POLICY IN

979
00:55:49,716 --> 00:55:50,917
THE LEGISLATIVE BRANCH.

980
00:55:50,917 --> 00:55:55,021
I HAVE A STRONG ACADEMIC 
BACKGROUND, STARTED IN IDAHO,

981
00:55:55,021 --> 00:55:58,458
WAS AT GEORGETOWN WHERE I MET 
JUSTICE SCALIA.

982
00:55:58,458 --> 00:56:01,394
I STARTED TO UNDERSTAND THE 
PHILOSOPHY THAT HE APPLIES TO

983
00:56:01,394 --> 00:56:05,865
CONSTITUTIONAL CASES WHICH I 
BELIEVE NOT ONLY APPLIES TO THE

984
00:56:05,865 --> 00:56:08,468
CONSTITUTION BUT EVERY ISSUE 
THAT COMES BEFORE THE COURT.

985
00:56:08,468 --> 00:56:12,772
THERE SHOULD BE PREDICTABILITY 
UNDER THE RULE OF LAW AND I WILL

986
00:56:12,772 --> 00:56:14,607
PROTECT THAT FOR ALL IDAHOANS.

987
00:56:14,607 --> 00:56:15,775
THANK YOU VERY MUCH.

988
00:56:15,775 --> 00:56:17,510
>> THANK YOU SENATOR McKENZIE.

989
00:56:17,510 --> 00:56:18,678
MRS. BRODY.

990
00:56:18,678 --> 00:56:24,517
>> YOU KNOW, I HAVE PUT TOGETHER 
A COUNTY BY COUNTY ORGANIZATION

991
00:56:24,517 --> 00:56:27,253
TO HELP ME RUN THIS RACE.

992
00:56:27,253 --> 00:56:31,891
WHEN YOU LOOK AT THAT LIST, 
THERE ARE DEMOCRATS,

993
00:56:31,891 --> 00:56:34,994
REPUBLICANS, INDEPENDENTS, TEA 
PARTIERS.

994
00:56:34,994 --> 00:56:38,431
THERE ARE MEN, THERE ARE WOMEN, 
THERE ARE YOUNG, THERE ARE OLD,

995
00:56:38,431 --> 00:56:40,900
THERE ARE BLUE COLOR, THERE ARE 
PROFESSIONALS.

996
00:56:40,900 --> 00:56:41,868
THERE ARE TEACHERS.

997
00:56:41,868 --> 00:56:46,506
I AM SO PROUD OF THE BROAD 
SUPPORT THAT THE PEOPLE OF THE

998
00:56:46,506 --> 00:56:49,642
STATE OF IDAHO HAVE GIVEN TO ME.

999
00:56:49,642 --> 00:56:54,280
IT'S THE BEST PART OF THIS RACE 
BY FAR.

1000
00:56:54,280 --> 00:57:00,286
THE ISSUE THAT WE HAVE HERE IS 
ONE SIMPLY OF EXPERIENCE.

1001
00:57:00,286 --> 00:57:01,755
EXPERIENCE MATTERS.

1002
00:57:01,755 --> 00:57:05,492
BECAUSE AT THE HEART OF 
EXPERIENCE, THAT'S WHAT CREATES

1003
00:57:05,492 --> 00:57:07,660
GOOD JUDGMENT.

1004
00:57:07,660 --> 00:57:13,133
HAVING THE BROAD BACKGROUND AND 
THE DEPTH IS INCREDIBLY

1005
00:57:13,133 --> 00:57:13,466
IMPORTANT.

1006
00:57:13,466 --> 00:57:16,036
MEETING JUSTICE SCALIA IS AN 
INSPIRATION.

1007
00:57:16,036 --> 00:57:19,139
BUT IT'S NOT A QUALIFICATION FOR 
THIS JOB.

1008
00:57:19,139 --> 00:57:23,977
I'M THE PERSON WHO IS THE RIGHT 
PERSON FOR THE IDAHO SUPREME

1009
00:57:23,977 --> 00:57:24,678
COURT.

1010
00:57:24,678 --> 00:57:28,481
>> ALL RIGHT, THANK YOU TO BOTH 
OF OUR CANDIDATES.

1011
00:57:28,481 --> 00:57:30,784
THAT'S ALL THE TIME WE HAVE FOR 
TONIGHT.

1012
00:57:30,784 --> 00:57:38,158
SENATOR McKENZIE, ROBYN BRODY, 
THANKO TO OUR PANELISTS.

1013
00:57:38,158 --> 00:57:41,161
REMEMBER THE ELECTION IS 
NOVEMBER 8th AND YOU CAN VOTE

1014
00:57:41,161 --> 00:57:43,163
EARLY THROUGH NOVEMBER 4th.

1015
00:57:43,163 --> 00:57:46,166
FOR MORE INFORMATION ON VOTING 
INCLUDING HOW TO REGISTER AND

1016
00:57:46,166 --> 00:57:49,736
WHERE TO FIND YOUR POLLING PLACE 
CALL YOUR COUNTY CLERK'S OFFICE

1017
00:57:49,736 --> 00:57:52,339
OR VISIT IDAHOVOTES.ORG.

1018
00:57:52,339 --> 00:57:53,340
THANKS FOR WATCHING.

1019
00:57:53,340 --> 00:57:53,640
GOODNIGHT.

1020
00:57:53,640 --> 00:58:03,116
WE'LL SEE YOU AT THE POLLS.