WEBVTT 00:01.101 --> 00:03.803 >> WELCOME TO THE IDAHO DEBATES. 00:03.803 --> 00:08.341 A LOOK AT THE CANDIDATES ON A GENERAL ELECTION BALLOT FOR THE 00:08.341 --> 00:09.009 IDAHO SUPREME COURT. 00:09.009 --> 00:12.178 THE IDAHO DEBASE IS A COLLABORATIVE PROJECT OF THE 00:12.178 --> 00:16.549 IDAHO PRESS CLUB, THE LEAGUE OF WOMEN VOTERS OF IDAHO, BOISE 00:16.549 --> 00:19.886 STATE UNIVERSITY SCHOOL OF PUBLIC SERVICE AND IDAHO PUBLIC 00:19.886 --> 00:20.353 TELEVISION. 00:20.353 --> 00:23.523 THE IDAHO DEBATES ARE ALSO BROUGHT TO YOU BY THE 00:23.523 --> 00:28.128 CONTRIBUTIONS TO THE IDAHO PUBLIC TELEVISION ENDOWMENT. 00:28.128 --> 00:28.461 >> HELLO. 00:28.461 --> 00:31.831 WELCOME TO THE IDAHO DEBATES ARRIVE FROM THE TOYED PUBLIC 00:31.831 --> 00:33.133 TELEVISION STUDIOS IN BOISE. 00:33.133 --> 00:36.302 THIS IS OUR FIRST AND ONLY DEBATE OF THE SEASON BUT IT'S A 00:36.302 --> 00:39.939 GOOD ONE, THE ONLY TELEVISED DEBATE WITH THE CANDIDATES VYING 00:39.939 --> 00:42.842 TO BE THE STATE'S NEXT SUPREME COURT JUSTICE. 00:42.842 --> 00:46.579 A SUPREME COURT JUSTICE IN IDAHO IS ONE OF FIVE WHO WILL WORK AS 00:46.579 --> 00:48.481 ULTIMATE AND FINAL LEGALITY AUTHORITY IN THE STATE. 00:48.481 --> 00:55.955 THEY HAVE THE LAST SAY IN IDAHO LEGAL MATTERS THEIR DUTIES ARE 00:55.955 --> 00:59.959 EXECUTION OF FAIR, IMPARTIAL DELIBERATION AND RULINGS ON SOME 00:59.959 --> 01:02.629 OF THE MOST DIFFICULT LEGAL QUESTIONS IN THE STATE, 01:02.629 --> 01:04.798 PROTECTING EQUAL ACCESS TO JUSTICE AND PROTECTING THE 01:04.798 --> 01:06.900 CONSTITUTIONAL RIGHTS OF THE PEOPLE OF IDAHO. 01:06.900 --> 01:09.536 TONIGHT WE WELCOME TWO INDIVIDUALS WHO ARE ASKING FOR 01:09.536 --> 01:11.237 YOUR VOTE. 01:11.237 --> 01:15.442 ROBYN BRODY HAS PRACTICED LAW IN THE MAGIC VALLEY FOR 20 YEARS. 01:15.442 --> 01:20.513 SHE SERVED AS PRESIDENT OF THE 5th DISTRICT IDAHO BAR 01:20.513 --> 01:24.250 ASSOCIATION SHE GRADUATED FROM THE UNIVERSITY OF DENVER COLLEGE 01:24.250 --> 01:26.286 OF LAW. 01:26.286 --> 01:29.289 CURT McKENZIE GRADUATED FROM THE GEORGETOWN UNIVERSITY LAW 01:29.289 --> 01:29.556 CENTER. 01:29.556 --> 01:33.827 HE WORKED ONE YEAR IN THE ADA COUNTY PROS KITING ATTORNEY'S 01:33.827 --> 01:38.531 OFFICE AND SIX YEARS IN CIVIL LITIGATION. 01:38.531 --> 01:42.936 HE SERVED SEVEN TERMS IN THE NORTH IDAHO SENATE AND WAS 01:42.936 --> 01:46.573 PRESIDENT OF THE PACIFIC NORTHWEST ECONOMIC REGION. 01:46.573 --> 01:50.577 ALSO ON STAGE WITH ME IS OUR PANEL OF REPORTERS SELECTED BY 01:50.577 --> 01:51.778 THE IDAHO PRESS CLUB. 01:51.778 --> 01:56.683 THEY WILL ASK QUESTIONS AND BETSY RUSSELL OF THE SPOKESMAN 01:56.683 --> 02:01.054 REVIEW AND REBECCA BOONE OF THE ASSOCIATED PRESS. 02:01.054 --> 02:02.522 I'M MELISSA DAVLIN. 02:02.522 --> 02:06.526 I'M MODERATING TONIGHT'S DEBATE AND WILL DO MY BEST TO MAKE SURE 02:06.526 --> 02:09.796 ALL CANDIDATES GET EQUAL TIME AND STAY ON POINT. 02:09.796 --> 02:14.968 TO REMIND THEM HOW LONG THEY HAVE BEEN TALKING IS OUR 02:14.968 --> 02:21.241 REPRESENTATIVE FROM THE LEAGUE OF WOMEN VOTERS. 02:21.241 --> 02:24.911 MORE FOCUS ON INTELLIGENT DISCUSSION THAT HELPS THE VOTER 02:24.911 --> 02:27.547 CAST A MORE INFORMED BALLOT. 02:27.547 --> 02:30.917 EACH WILL BE GIVEN ONE MINUTE FOR OPENING COMMENTS AND ONE FOR 02:30.917 --> 02:31.117 CLOSE. 02:31.117 --> 02:38.458 WE FLIPPED A COIN AND SENATOR McKENZIE, THE HONOR GOES TO 02:38.458 --> 02:39.092 YOU YOU. 02:39.092 --> 02:40.560 >> THANK YOU FOR WATCHING. 02:40.560 --> 02:42.729 I'M CURT MUCK KENZIE. 02:42.729 --> 02:46.633 EYE BELIEVE I'M THE RIGHT COURTHOUSE FOR ID TO SUPREME 02:46.633 --> 02:51.137 COURT BASED ON MOI PHILOSOPHY, BROAD WORK EXPERIENCE AND RECORD 02:51.137 --> 02:52.105 OF PUBLIC SERVICE. 02:52.105 --> 02:54.040 MY PHILOSOPHY IS A SIMPLE ONE. 02:54.040 --> 02:56.743 APPLY THE CONSTITUTION AND STATUTES AS WRITTEN. 02:56.743 --> 03:01.314 MY EDUCATION IS ROOTED IN IDAHO ON THE THIRD GENERATION TO GO TO 03:01.314 --> 03:01.581 NAU. 03:01.581 --> 03:04.351 THEN I WENT TO GEORGETOWN AND STUDIED LAW. 03:04.351 --> 03:08.688 FROM THERE I HAVE WORKED FOR LARGE NATIONAL LAW FIRMS DOING 03:08.688 --> 03:10.623 COMPLEX CIVIL LITIGATION. 03:10.623 --> 03:14.160 I PROSECUTED CRIMES ON BEHALF OF IDAHO AND HAVE HAD MY OWN 03:14.160 --> 03:16.696 PRACTICE REPRESENTING INDIVIDUALS AND SMALL 03:16.696 --> 03:17.063 BUSINESSES. 03:17.063 --> 03:21.534 I'M PROUD OF MY RECORD OF PUBLIC SERVICE IN THE IDAHO SAID 03:21.534 --> 03:21.901 SENATE. 03:21.901 --> 03:25.271 IDAHO HAS A LONG TRADITION OF JUSTICES HAVING PUBLIC SERVICE 03:25.271 --> 03:26.806 IN THE ELECTED ARENA. 03:26.806 --> 03:29.275 I BELIEVE IT'S AN ASSET FOR THE COURT. 03:29.275 --> 03:32.012 AGAIN, I'M CURT MCSEND PSI. 03:32.012 --> 03:34.814 I'M ASKING FOR YOUR VOTE ON NOVEMBER 8. 03:34.814 --> 03:37.550 >> NEXT FROM ROBYN BRODY. 03:37.550 --> 03:41.187 >> SINCE THIS RACE STARTED I HAVE SPENT COUNTLESS HOURS IN 03:41.187 --> 03:42.088 THE CAR. 03:42.088 --> 03:45.892 I HAVE TRAVELED MORE THAN 28,000 MILES ACROSS THIS STATE. 03:45.892 --> 03:49.562 PEOPLE HAVE INVITED ME INTO THEIR POLITICAL MEETINGS, INTO 03:49.562 --> 03:52.932 THEIR BUSINESS ROOMS, THEIR BUSINESS BOARDROOMS, INTO THEIR 03:52.932 --> 03:57.103 HOSPITALS, INTO THEIR CHURCHES, LIBRARIES, THEIR HOMES. 03:57.103 --> 03:59.939 I HAVE HAD THE CHANCE TO LISTEN TO THE PEOPLE OF IDAHO. 03:59.939 --> 04:03.943 I HAVE ALSO HAD 15 CHANCE TO TALK TO THEM AND EDUCATE THEM 04:03.943 --> 04:05.412 ABOUT THE IDAHO SUPREME COURT. 04:05.412 --> 04:10.050 WHAT WE DO AND WHAT WE DON'T DO. 04:10.050 --> 04:12.519 THE IDAHO SUPREME COURT IS THE FINAL DECISION MAKER ON THE 04:12.519 --> 04:13.887 IDAHO CONSTITUTION. 04:13.887 --> 04:15.355 ON IDAHO LAW. 04:15.355 --> 04:19.526 THEY MANAGE THE SYSTEM, WE MANAGE FOR THE ENTIRE STATE, THE 04:19.526 --> 04:20.427 ENTIRE JUDICIAL SYSTEM. 04:20.427 --> 04:25.265 BUT WHAT WE CAN'T DO IS CHANGE THOSE DECISIONS THAT ARE MADE BY 04:25.265 --> 04:28.268 THE SUPREME COURT OF THE UNITED STATES AND WASHINGTON D.C. 04:28.268 --> 04:30.904 WE'RE IN CHARGE OF THE IDAHO CONSTITUTION. 04:30.904 --> 04:35.975 OUR RIGHT TO BEAR ARMS, TO HUNT, FISH AND TAKE CARE OF VICTIMS' 04:35.975 --> 04:36.242 RIGHTS. 04:36.242 --> 04:40.513 THOSE ARE THE THINGS THATTED IT HO -- IDAHO CONSTITUTION AND 04:40.513 --> 04:42.082 SUPREME COURT CAN PROTECT. 04:42.082 --> 04:43.116 >> THANK YOU SO MUCH. 04:43.116 --> 04:46.720 THE FIRST QUESTION WILL COME FROM REBECCA. 04:46.720 --> 04:52.726 >> YOU SAID THAT YOU NEED TO FOLLOW THE LAW REGARDLESS OF 04:52.726 --> 04:54.294 PUBLIC OPINION. 04:54.294 --> 04:58.498 SENATOR McKENZIE YOU JUST MENTIONED YOU FAVOR A MORE TEXT 04:58.498 --> 05:01.568 WALLIST APPROACH, APPLYING PLAIN LANGUAGE OF LAW TO A LEGAL 05:01.568 --> 05:03.770 QUESTION WITHOUT UNDUE REGARD FOR THE RESULTS. 05:03.770 --> 05:09.476 DO YOU THINK THERE'S EVER ROOM FOR A MORE ARISTOTLE INFLUENCE 05:09.476 --> 05:12.679 WHERE YOU MAY CONSIDER WHAT A REASONABLE LEGISLATURE MAY HAVE 05:12.679 --> 05:13.146 INTENDED? 05:13.146 --> 05:15.482 >> THANK YOU FOR THAT QUESTION. 05:15.482 --> 05:19.486 I BELIEVE THAT QUESTION REALLY ADDRESSES THAT FUNDAMENTAL ISSUE 05:19.486 --> 05:21.721 OF SEPARATION OF POWER. 05:21.721 --> 05:26.593 AND IT'S THOSE CASES WHERE YOU TALK ABOUT WHERE A JUSTICE MAY 05:26.593 --> 05:31.598 WANT TO DO WHAT THEY BELIEVE IS RIGHT IN A PARTICULAR SITUATION, 05:31.598 --> 05:36.002 THAT THEY ARE MOST LIKELY TO WANT TO TRY AND INTERPRET THE 05:36.002 --> 05:39.506 LANGUAGE IN A WAY THAT THEY THINK PRODUCES THE RIGHT RESULT 05:39.506 --> 05:43.076 EVEN IF IT DOESN'T QUITE DO JUSTICE TO THE TEXT. 05:43.076 --> 05:46.379 THOSE ARE THE CIRCUMSTANCES I BELIEVE IT'S FUNDAMENTALLY 05:46.379 --> 05:50.350 IMPORTANT FOR A JUSTICE TO APPLY THE TEXT OF WHAT'S WRITTEN AND 05:50.350 --> 05:55.188 TO DO SO APPLYING THE LANGUAGE AS IT WAS UNDERSTOOD AT THE TIME 05:55.188 --> 06:00.560 THE CONSTITUTION WAS RATIFIED OR THE STATUTE PASSED. 06:00.560 --> 06:10.603 >> WHAT HAPPENS WHEN CASE LAW SUGGESTS A RESULT THAT WOULD BE 06:10.603 --> 06:12.772 INELKIBLE TO THE PARTIES? 06:12.772 --> 06:16.076 IDAHO'S CONSTITUTION MADE IT ILLEGAL FOR MORMONS TO VOTE 06:16.076 --> 06:19.412 UNTIL ABOUT 1882 -- 1982. 06:19.412 --> 06:22.982 MANY OF OUR TRANSPORTATION LAWS WERE WRITTEN BEFORE DRIVERLESS 06:22.982 --> 06:25.051 CARS WERE CONSIDEREDAR POSSIBILITY. 06:25.051 --> 06:30.090 >> OUR CONSTITUTION CAN BE AMENDED OVER TIME. 06:30.090 --> 06:36.629 IN FACT IN IDAHO OVER 130 TIMES THE PEOPLE HAVE GONE BACK AND 06:36.629 --> 06:37.630 AMENDED THE CONSTITUTION. 06:37.630 --> 06:39.532 IT'S THEIR RIGHT TO DO SO. 06:39.532 --> 06:42.635 BUT IT SHOULDN'T BE UP TO JUDGES. 06:42.635 --> 06:46.439 THREE JUDGES WHICH WOULD BE A MAJORITY ON OUR COURT, TO SET 06:46.439 --> 06:47.607 THAT POLICY. 06:47.607 --> 06:52.178 IT'S UP TO PEOPLE TO FIX THOSE INEQUITIES. 06:52.178 --> 06:57.350 OUR LEGISLATURE, WHICH IS ELECTED TO TWO-ER TERMS IS 06:57.350 --> 06:59.486 CLOSELY RESPONSIVE TO THE PEOPLE THAT ELECT THEM. 06:59.486 --> 07:01.755 THEY SET THE POLICY. 07:01.755 --> 07:04.758 THERE ARE TIMES THEY NEED TO CHANGE THAT LAW OR THE PEOPLE 07:04.758 --> 07:08.128 WILL WANT TO AMEND THE CONSTITUTION AND THERE'S A 07:08.128 --> 07:09.963 PROCESS TO BE FOLLOWED. 07:09.963 --> 07:12.332 >> OKAY. 07:12.332 --> 07:15.035 MRS. BRODY I WOULD ASK YOU THE SAME QUESTION. 07:15.035 --> 07:21.875 DO YOU FAVOR A TEXT TU AL APPROACH OR DO YOU TAKE THE 07:21.875 --> 07:24.511 APPROACH TRYING TO INTERPRET WHAT A REASONABLE LEGISLATURE 07:24.511 --> 07:27.480 MAY HAVE DONE OR INTENDED WHEN THEY CREATED A LAW? 07:27.480 --> 07:30.884 >> I THINK THE GOOD AND FAITHFUL JUDGE LOOKS AT WHAT'S WRITTEN, 07:30.884 --> 07:33.987 WHAT'S THERE IN PLAQUE AND WHITE, AND EVEN WHEN IT MEANS 07:33.987 --> 07:38.491 THAT YOU DON'T LIKE THE RESULT, YOU HAVE TO UNDERSTAND THAT 07:38.491 --> 07:38.958 LINE. 07:38.958 --> 07:45.231 NOW, LET ME BE CLEAR, JUDGES STILL JUDGE, AND JUDGES JUDGE 07:45.231 --> 07:49.269 EVERY DAY EVEN SOMETIMES IN THE STATUTES THAT ARE PASSED BY THE 07:49.269 --> 07:49.636 LEGISLATURE. 07:49.636 --> 07:54.341 I'M THINKING ABOUT AN ATTORNEY FEE STATUTE IN IDAHO THAT ALLOWS 07:54.341 --> 07:58.211 FOR JUDGES OR TELLS JUDGES THAT THEY MAY AWARD FEES. 07:58.211 --> 08:01.848 SO OF COURSE IT'S GOING TO BE UP TO THE COURT TO DECIDE WHEN ARE 08:01.848 --> 08:03.817 THE RIGHT CIRCUMSTANCES. 08:03.817 --> 08:07.954 JUDGES ARE NOT -- WE'RE NOT AUTO MA TONS. 08:07.954 --> 08:11.124 WE DON'T MAKE DECISIONS WITH SIMPLE DATA IN AND DATA OUT. 08:11.124 --> 08:15.128 AT THE END OF THE DAY, JUDGES JUDGE. 08:15.128 --> 08:19.232 >> SO AS A FOLLOW-UP I THINK ACTUALLY EARLIER THIS YEAR THE 08:19.232 --> 08:25.305 IDAHO SUPREME COURT WAS REMANDED BY THE U.S. SUPREME COURT TOLD 08:25.305 --> 08:30.043 TO APPROACH THE WAY IT AWARDS ATTORNEYS FEES DIFFERENTLY 08:30.043 --> 08:33.880 BECAUSE APPARENTLY IT DIDN'T JIVE WITH FEDERAL CASE LAW. 08:33.880 --> 08:42.422 IS THERE EVER A POINT WHERE YOU MOVE AWAY FROM THE TEXTUALISM TO 08:42.422 --> 08:45.892 INTERPRET CASE LAW AS IT'S BEING INTERPRETED BY OTHER JUDGES WHO 08:45.892 --> 08:49.629 MAY TAKE A DIFFERENT PHILOSOPHY APPROACH? 08:49.629 --> 08:53.066 >> YOU'VE ALWAYS GOT TO USE COMMON SENSE AND BE ABLE TO 08:53.066 --> 08:57.170 ADDRESS NEW SITUATIONS THAT THE CONSTITUTION DIDN'T ENVISION. 08:57.170 --> 09:03.476 CERTAINLY NO ONE, NONE OF OUR FOUNDING FATHERS ENVISIONED TEXT 09:03.476 --> 09:05.812 MESSAGING AS A FORM OF COMMUNICATION. 09:05.812 --> 09:08.114 YOU HAVE TO BE ABLE TO DO THAT. 09:08.114 --> 09:13.486 EVEN JUSTICE SCALIA WOULD TELL YOU YOU HAVE TO USE YOUR HEAD. 09:13.486 --> 09:17.057 NOBODY IS SUGGESTING THAT YOU DON'T. 09:17.057 --> 09:20.193 BUT YOU HAVE GOT TO BE VERY CAREFUL AND UNDERSTAND THAT AT 09:20.193 --> 09:23.563 THE END OF THE DAY, WHEN IT COMES TO MAKING POLICY, THAT 09:23.563 --> 09:26.833 ROLE IS THE ROLE OF THE LEGISLATURE IS CRITICAL AND THE 09:26.833 --> 09:30.503 COURTS SHOULD NOT BE THE ONES THAT SET THE POLICY FOR THE 09:30.503 --> 09:32.238 STATE. 09:32.238 --> 09:36.343 >> SO MRS. BRODY, THIS QUESTION IS FOR BOTH OF YOU, IF YOU WERE 09:36.343 --> 09:40.613 ON THE IDAHO SUPREME COURT IN 1980, TWO YEARS PRIOR TO VOTERS 09:40.613 --> 09:44.684 REMOVING THAT CLAWS FROM THE IDAHO CONSTITUTION THAT FORBADE 09:44.684 --> 09:48.355 MORMONS FROM VOTING WOULD YOU THINK IT YOUR DUTY TO ENFORCE 09:48.355 --> 09:53.693 THAT BAN ON ITSENS WHO WERE OF THE MORMON FAITH FROM VOTING? 09:53.693 --> 09:57.063 >> WE LOOK CAREFULLY AT THE PRECEDENT, COURT DECISIONS MADE 09:57.063 --> 10:02.335 BEFORE THEN, AT THE TEXT, ALL OF THE TOOLS THAT JUDGES HAVE IN 10:02.335 --> 10:03.870 ORDER TO MAKE DECISIONS. 10:03.870 --> 10:06.906 I CAN'T TELL YOU WHAT I WOULD DO THEN OR EVEN NOW IF THE ISSUE 10:06.906 --> 10:12.746 WERE TO COME UP BECAUSE WE CAN'T REALLY TELL PEOPLE THE POSITIONS 10:12.746 --> 10:14.881 THAT WE WOULD TAKE ON GIVEN ISSUES. 10:14.881 --> 10:20.286 BUT I WILL TELL YOU THAT YOU HAVE TO -- JUDGES HAVE LOTS OF 10:20.286 --> 10:22.355 TOOLS AVAILABLE, PRECEDENT AND TEXT. 10:22.355 --> 10:24.557 WHAT'S THERE IN PLAQUE AND WHITE. 10:24.557 --> 10:27.293 AND THEY HAVE CONSTITUTIONAL AMENDMENTS AS WELL. 10:27.293 --> 10:30.830 >> SENATOR McKENZIE, SAME QUESTION. 10:30.830 --> 10:36.736 >> IT'S LOOKING AT THAT ISSUE, THE DUE PROCESS CLAWS OF THE 10:36.736 --> 10:41.307 14th AMENDMENT PROTECTS THOSE TYPES OF RIGHTS THAT WERE 10:41.307 --> 10:45.311 TRADITIONALLY RECOGNIZED AT THE TIME IT WAS RATIFIED. 10:45.311 --> 10:52.686 APPLYING IT TO THIS ISSUE ALONG WITH THE FIRST AMENDMENT FOR 10:52.686 --> 10:56.856 PEOPLE'S RIGHT TO VOTE AS WELL AS TO PRACTICE THEIR RELIGION OF 10:56.856 --> 11:00.326 CHOICE, I BELIEVE THAT IT WAS LIKELY THE COURT WOULD HAVE 11:00.326 --> 11:05.432 LOOKED AT THAT ISSUE UNDER THE 14th AND 1st AMENDMENTS OF 11:05.432 --> 11:08.068 THE U.S. CONSTITUTION AND DETERMINED THAT THAT WAS A 11:08.068 --> 11:12.005 FUNDAMENTAL RIGHT THAT THEY WOULD HAVE HAD AT THE TIME. 11:12.005 --> 11:17.744 >> SENATOR McKENZIE, YOU MENTIONED ROE VERSUS WADE THAT 11:17.744 --> 11:20.647 DEVIATED FROM YOUR JUDICIAL PHILOSOPHY. 11:20.647 --> 11:24.818 YOU HAVE AN ENDORSEMENT FROM IDAHO RIGHTS. 11:24.818 --> 11:27.654 WHERE WOULD YOU DRAW THE LINE BETWEEN UPHOLDING YOUR PERSONAL 11:27.654 --> 11:31.024 BELIEFS AND FOLLOWING THE LEGAL OBLIGATION TO UPHOLD CASE LAW AS 11:31.024 --> 11:32.192 IT'S BEEN SET BY THE U.S. 11:32.192 --> 11:34.027 SUPREME COURT? 11:34.027 --> 11:36.730 >> THANK YOU FOR THAT QUESTION. 11:36.730 --> 11:40.667 IT'S A JOB OF A JUSTICE TO APPLY THE LAW. 11:40.667 --> 11:44.738 UNDER OUR SYSTEM OF FEDERALISM THAT INCLUDES THE DECISIONS OF 11:44.738 --> 11:47.540 THE U.S. SUPREME COURT. 11:47.540 --> 11:51.044 I'M PROUD OF THE ENDORSEMENT, PROUD OF THE BILLS I HAVE WORKED 11:51.044 --> 11:52.746 ON AS A STATE LEGISLATOR. 11:52.746 --> 11:58.051 BUT I'M ALSO BOUND BY WHAT COMES OUT OF THE U.S. SUPREME COURT. 11:58.051 --> 12:04.057 SINCE THE 1960s, UNDER THE DUE PROCESS CLAWS THAT I MENTIONED, 12:04.057 --> 12:08.895 UNDER SUBSTANTIVE DUE PROCESS THE COURT HAS EXPANDED RIGHTS 12:08.895 --> 12:11.264 BEYOND ENUMERATED IN THE BILL OF RIGHTS. 12:11.264 --> 12:16.002 THEY HAVE DONE SO IN A NUMBER OF CASES AND WE ARE BOUNDS BY THOSE 12:16.002 --> 12:17.804 DECISIONS REGARDLESS OF OUR PERSONAL PREFERENCE. 12:17.804 --> 12:23.176 I THINK IT'S THE ROLE OF A JUSTICE TO APPLY THE LAW 12:23.176 --> 12:25.712 IMPARTIALLY WITHOUT PERSONAL BIAS. 12:25.712 --> 12:30.016 >> MRS. BRODY, I'M CURIOUS HOW YOU INTERPRET THIS SPECIFICALLY 12:30.016 --> 12:33.086 IN INSTANCES WHERE FEDERAL PRECEDENT CONFLICTS WITH THE 12:33.086 --> 12:33.820 STATE CONSTITUTION. 12:33.820 --> 12:38.558 >> WELL, YOU HAVE TO LOOK AT THE SPECIFIC ISSUE THAT'S COMING 12:38.558 --> 12:39.459 BEFORE THE COURT. 12:39.459 --> 12:42.629 ONE OF THE THINGS THAT IS VERY INTERESTING ABOUT IDAHO LAW IS 12:42.629 --> 12:46.566 WHEN YOU LOOK AT THE IDAHO CONSTITUTION WE HAVE 12:46.566 --> 12:50.470 CONSTITUTIONAL LANGUAGE THAT IN MANY ARENAS MAY ACTUALLY PROVIDE 12:50.470 --> 12:54.641 GREATER RIGHTS TO LITIGANTS THAN MAYBE THE FEDERAL CONSTITUTION. 12:54.641 --> 12:58.712 THE SUPREME COURT OF THE STATE OF IDAHO CAN ALWAYS PROVIDE MORE 12:58.712 --> 13:02.582 PROTECTIONS TO THE CITIZENS OF IDAHO THAN THE FEDERAL 13:02.582 --> 13:02.949 CONSTITUTION. 13:02.949 --> 13:05.685 BUT AT THE END OF THE DAY IF WE'RE TALKING ABOUT FEDERAL LAW 13:05.685 --> 13:09.422 AND THE FEDERAL CONSTITUTION, THAT'S WHAT MY OPENING STATEMENT 13:09.422 --> 13:10.423 WAS ALL ABOUT. 13:10.423 --> 13:13.626 PEOPLE THINK THAT THE IDAHO SUPREME COURT CAN CHANGE OR HAVE 13:13.626 --> 13:16.696 THE IMPRESSION THAT THEY CAN CHANGE THE DECISIONS THAT THE 13:16.696 --> 13:19.232 SUPREME COURT OF THE UNITED STATES MAKES. 13:19.232 --> 13:20.734 THAT'S WHAT WE CAN'T DO. 13:20.734 --> 13:23.803 BUT WE CAN INTERPRET OUR OWN CONSTITUTION. 13:23.803 --> 13:27.073 >> THE NEXT QUESTION COMES FROM BETSY RUSSELL. 13:27.073 --> 13:29.876 >> MRS. BRODY, SPEAKING OF INTERPRETING OUR OWN 13:29.876 --> 13:32.278 CONSTITUTION THAT IS OF COURSE EXACTLY WHAT THE IDAHO SUPREME 13:32.278 --> 13:34.014 COURT DOES. 13:34.014 --> 13:37.450 GOVERNOR OTTER HAS SAID RECENTLY THAT THE CURRENT EDUCATION 13:37.450 --> 13:42.188 SYSTEM IN IDAHO IS PROBABLY NOT UP TO CONSTITUTIONAL MUSTER. 13:42.188 --> 13:47.460 THE IDAHO SUPREME COURT RULED IN 2005 THAT THE FUNDING SYSTEM WAS 13:47.460 --> 13:51.297 NOT SUFFICIENT TO CARRY OUT THE DUTY UNDER THE CONSTITUTION. 13:51.297 --> 13:54.634 THE LEGISLATURE IS REEVALUATING THE FUNDING SYSTEM AS WE SPEAK 13:54.634 --> 13:59.606 BUT IT HAS BEEN MORE THAN TEN YEARS AND THE COURT HAS 13:59.606 --> 14:04.678 PERMITTED DESPITE ITS RULING AN UNCONSTITUTIONAL SYSTEM TO 14:04.678 --> 14:04.944 PERSIST. 14:04.944 --> 14:08.348 SHOULD THE IDAHO SUPREME COURT HAVE BEEN MORE ACTIVE IN 14:08.348 --> 14:13.887 PROTECTING THE CONSTITUTION LIKE THE WASHINGTON SUPREME COURT DID 14:13.887 --> 14:18.158 IN A SIMILAR CASE OR ARE THERE PARTS THAT THE COURT CAN'T OR 14:18.158 --> 14:19.092 SHOULDN'T ENFORCE? 14:19.092 --> 14:23.897 >> AS A MOM, EDUCATION IS SOMETHING THAT GOES STRAIGHT TO 14:23.897 --> 14:25.865 MY HEART. 14:25.865 --> 14:29.269 THAT'S SOMETHING ALL OF US ARE STRUGGLING WITH IN IDAHO. 14:29.269 --> 14:32.972 THE REALTY IS THAT THE LITIGATION OVER THE IDAHO SCHOOL 14:32.972 --> 14:36.076 SYSTEM HAS BEEN GOING ON SINCE THE 1970s. 14:36.076 --> 14:38.645 IT'S BEEN GOING ON THAT LONG. 14:38.645 --> 14:44.250 AND I CAN'T TELL YOU, I CAN'T GIVE YOU AN EXPLANATION FOR WHY 14:44.250 --> 14:48.888 THE SUPREME COURT IN 2005 WHEN IT RETAINED JURISDICTION OVER 14:48.888 --> 14:52.892 THE EDUCATIONAL FUNDING CASE WHY IT SUDDENLY REVERSED ITSELF AND 14:52.892 --> 14:55.562 MADE THE DECISION TO STOP THE LITIGATION. 14:55.562 --> 14:58.965 OF COURSE WE KNOW SINCE THEN THERE WAS ANOTHER EFFORT WHERE 14:58.965 --> 15:01.968 THE SUPREME COURT JUSTICES THEMSELVES WERE ACTUALLY SUED IN 15:01.968 --> 15:05.872 FEDERAL COURT OVER THE ENTIRE THING. 15:05.872 --> 15:08.208 IT'S AN INCREDIBLY DIFFICULT ISSUE. 15:08.208 --> 15:12.979 THERE ARE A LOT OF INTERESTING THINGS THAT ARE GOING ON IN 15:12.979 --> 15:16.783 OTHER LEGISLATURES OR IN OTHER STATES AND COURTS OVER THIS BUT 15:16.783 --> 15:19.052 AT THE END OF THE DAY IT COMES DOWN TO THIS. 15:19.052 --> 15:25.992 COURTS HAVE A VERY DIFFICULT TIME PROVIDING REMEDIES WHEN 15:25.992 --> 15:30.430 EITHER THE EXECUTIVE BRANCH OR THE LEGISLATIVE BRANCH DOESN'T 15:30.430 --> 15:30.697 LISTEN. 15:30.697 --> 15:36.436 I GO BACK TO THE DAYS OF ANDREW JACKSON WHEN THERE WAS A SUPREME 15:36.436 --> 15:40.907 COURT DECISION THAT IN WHICH THEY FOUND HE WAS VIOLATING THE 15:40.907 --> 15:44.711 CONSTITUTION BY A PARTICULAR LAW THAT REQUIRED SETTLERS TO LEAVE 15:44.711 --> 15:48.348 INDIAN TERRITORY AND HIS COMMENT WAS, WELL, JUSTICE MARSHALL, 15:48.348 --> 15:49.516 YOU'VE MADE YOUR DECISION. 15:49.516 --> 15:51.017 NOW ENFORCE IT. 15:51.017 --> 15:52.085 AND THE POINT IS THIS. 15:52.085 --> 15:56.623 AT THE END OF THE DAY THE COURTS DON'T CONTROL THE BUDGET. 15:56.623 --> 16:01.661 THEY DON'T CONTROL THE DECISION MAKING AT THE TOP. 16:01.661 --> 16:03.763 >> SENATOR McKENZIE, SAME QUESTION. 16:03.763 --> 16:07.133 WHAT IS YOUR VIEW OF HOW THE IDAHO SUPREME COURT HANDLED THAT 16:07.133 --> 16:11.304 SCHOOL FUNDING CASE AND WHETHER WE ARE ALLOWING A SCHOOL FUNDING 16:11.304 --> 16:14.040 SYSTEM TO OPERATE IN A WAY THAT DOES NOT MEET THE REQUIREMENTS 16:14.040 --> 16:19.412 OF OUR STATE CONSTITUTION? 16:19.412 --> 16:23.416 >> UNDER ARTICLE 9 IT'S A GENERAL, THOROUGH UNIFORM? 16:23.416 --> 16:25.151 OF SCHOOLING. 16:25.151 --> 16:30.490 THERE'S A LONG LINE OF CASE LAW ADDRESSING WHETHER WE ARE DOING 16:30.490 --> 16:35.895 THAT, AND I ASSUME THAT THAT WILL CONTINUE OVER TIME. 16:35.895 --> 16:41.534 I SERVED THE PACIFIC NORTHWEST ECONOMIC REGION WITH A SENATOR 16:41.534 --> 16:44.704 PROSECUTE WASHINGTON WHO WORKS ON THE BUDGET COMMITTEE THERE. 16:44.704 --> 16:49.109 THE STATE SUPREME COURT THERE I BELIEVE HAD FINED THE 16:49.109 --> 16:52.445 LEGISLATURE UNTIL THEY COMPLIED WITH WHAT THEY THOUGHT WERE 16:52.445 --> 16:54.981 THEIR CONSTITUTIONAL DUTIES. 16:54.981 --> 16:58.118 AND SO THE BODY THAT ACTUAL LIL' SETS THE BUDGET THEN PROPOSE 16:58.118 --> 17:04.057 RATES THE MONEY BOTH FOR THE OTHER BRANCH AND FOR ANY FINE 17:04.057 --> 17:05.759 WAS ORDERED TO PAY A FINE. 17:05.759 --> 17:08.962 I DON'T THINK IT REALLY CHANGED ANYTHING THERE. 17:08.962 --> 17:16.469 BUT IT IS THE DUTY OF THE COURT TO APPLY THAT CONSTITUTIONAL 17:16.469 --> 17:19.773 STANDARD TO OUR EDUCATION SYSTEM. 17:19.773 --> 17:22.709 AND WHILE I HAVE BEEN IN THE LEGISLATURE, WE HAVE WORKED ON 17:22.709 --> 17:24.611 THAT ISSUE. 17:24.611 --> 17:28.682 MY FIRST TERM THERE, WHICH WAS THE LONGEST IN STATE HISTORY, WE 17:28.682 --> 17:34.254 PUT IN PLACE PUBLIC EDUCATION STABILIZATION FUND TO HELP 17:34.254 --> 17:39.626 ADDRESS THOSE SITUATIONS WHEN THE ECONOMY REALLY TANKS AGAIN 17:39.626 --> 17:42.162 AND TO HAVE THAT FUNDING THERE. 17:42.162 --> 17:44.264 THAT WAS A PART OF A SOLUTION. 17:44.264 --> 17:50.270 WE WORKED ON SETTING ASIDE MAINTENANCE FUNDS FOR OUR SCHOOL 17:50.270 --> 17:50.704 BUILDINGS. 17:50.704 --> 17:56.076 I BELIEVE SINCE WE DID THAT WE HAVE GIVEN THE SCHOOL DISTRICTS 17:56.076 --> 18:00.113 DISCRETION TO TO USE THOSE FUNDS IN OTHER WAYS BECAUSE THEY 18:00.113 --> 18:04.317 NEEDED TO BE ABLE TOLL DO IT, BUT WHEN IT COMES BACK TO THE 18:04.317 --> 18:07.921 COURT AND THEIR ROLE WITH RESPECT TO THE LEGISLATURE ABOUT 18:07.921 --> 18:11.658 WHETHER A MEETING THAT CONSTITUTIONAL STANDARD, IT'S 18:11.658 --> 18:15.595 THE ROLE OF COURTS TO EVALUATE THAT IN SPECIFIC SITUATIONS THAT 18:15.595 --> 18:21.134 ARE BROUGHT BEFORE THE COURT AND I AM CONFIDENT THAT WE WILL SEE 18:21.134 --> 18:24.504 THOSE AGAIN AND TO MAKE A DECLARATION OF THE CONSTITUTION 18:24.504 --> 18:30.076 WHETHER WE'RE COMPLYING WITH IT OR NOT. 18:30.076 --> 18:32.779 BEYOND THAT I DON'T KNOW IF I CAN COMMENT ON WHAT A FUTURE 18:32.779 --> 18:36.516 COURT WOULD DO WITH RESPECT TO A SITUATION WHERE IT DIDN'T THINK 18:36.516 --> 18:37.684 IT WAS COMPLYING. 18:37.684 --> 18:40.353 I DO THINK THAT'S GOING TO COME UP. 18:40.353 --> 18:47.794 >> I HAVE A QUESTION MOVING ON TO ANOTHER TOPIC FOR MRS. BRODY. 18:47.794 --> 18:51.798 YOU IN RECENT YEARS HAVE LITIGATED SOME PRETTY 18:51.798 --> 18:54.701 CONTENTIOUS ISSUES INVOLVING WATER LAW AND WATER RIGHTS 18:54.701 --> 18:55.802 BEFORE THE IDAHO SUPREME COURT. 18:55.802 --> 18:58.738 IN SOME CASES THE SUPREME COURT RULED AGAINST YOUR CLIENT. 18:58.738 --> 19:01.307 AS A JUSTICE OF THE IDAHO SUPREME COURT DO YOU THINK YOU 19:01.307 --> 19:05.311 WOULD BE BOUND BY THE PRIOR DECISIONS EVEN IF YOU THOUGHT 19:05.311 --> 19:09.315 ONE OR MORE WAS INCORRECTLY DECIDED? 19:09.315 --> 19:14.054 WOULD YOU SEEK TO REVERSE OR OVERRULE THE DECISIONS OR RECUSE 19:14.054 --> 19:16.322 YOURSELF FROM WATER ISSUES ALL TOGETHER? 19:16.322 --> 19:20.026 >> I THINK IT REALLY DEPENDS ON THE ISSUE THAT IS COMING BEFORE 19:20.026 --> 19:26.399 THE COURT. 19:26.399 --> 19:30.236 THERE'S NOTION QUITE LIKE WATER IN IDAHO TO GET PEOPLE'S 19:30.236 --> 19:31.137 PASSIONS GOING. 19:31.137 --> 19:32.772 THOSE ARE COMPLICATED DECISIONS. 19:32.772 --> 19:36.242 SOME OF THOSE WOULD NOT HAVE ANY APPLICATION TO ANY LITIGANT IN 19:36.242 --> 19:41.081 THE UNIVERSE OTHER THAN MY CLIENT T. SOME OF THE DECISIONS 19:41.081 --> 19:47.420 RELATED TO, FOR EXAMPLE, THE AQUIFER MODEL BEING USED FOR 19:47.420 --> 19:49.155 DELIVERY CALLS IN SOUTHERN IDAHO. 19:49.155 --> 19:53.893 I SUPPOSE IF SOMETHING WERE TO COME UP THAT DEALT WITH THE 19:53.893 --> 19:57.797 VALIDITY OF THAT MODEL AND MAYBE IF I HAD INFORMATION THAT MIGHT 19:57.797 --> 20:00.967 BEAR DIRECTLY ON THE ISSUE IT WOULD BE SOMETHING I WOULD HAVE 20:00.967 --> 20:04.804 TO LOOK AT CAREFULLY BUT IF ONE OF THOSE THINGS IN TERMS OF 20:04.804 --> 20:07.974 CONFLICTS EVERY TIME WE LOOK AT A CASE WE HAVE TO LOOK AT THE 20:07.974 --> 20:13.546 PARTIES, THE ATTORNEYS, THE ISSUES AND MAKE A CASE-BY-CASE 20:13.546 --> 20:16.750 DECISION AS TO WHETHER WE CAN ACTUALLY SIT. 20:16.750 --> 20:20.887 >> IN TAKING A STEP BACK IN THE QUESTION FOR BOTH OF YOU, I'M 20:20.887 --> 20:24.524 CURIOUS, YOU BOTH HAVE EXPERIENCE WITH WATER ISSUES. 20:24.524 --> 20:31.131 MRS. BRODY, WHAT IS THE ROLE OF THE SUPREME COURT AND SHOULD THE 20:31.131 --> 20:34.834 IDAHO SUPREME COURT GIVE DEFERENCE TO THE DEPARTMENT OF 20:34.834 --> 20:37.837 WATER RESOURCES BECAUSE OF THE SPECIALIZED KNOWLEDGE CONTAINED 20:37.837 --> 20:38.638 WITHIN THAT DEPARTMENT? 20:38.638 --> 20:41.641 >> WELL, THE NUMBER ONE JOB OF THE IDAHO SUPREME COURT WHEN IT 20:41.641 --> 20:45.412 COMES TO WATER IS TO UPHOLD THE CONSTITUTION. 20:45.412 --> 20:45.745 PERIOD. 20:45.745 --> 20:50.750 THEN YOU LOOK AT THE IDAHO LEGISLATIVE LAWS THAT HAVE BEEN 20:50.750 --> 20:51.017 PASSED. 20:51.017 --> 20:58.692 IN TERMS OF AGENCY DEFERENCE, YOU KNOW, IT REALLY TURNS -- THE 20:58.692 --> 21:01.628 IDAHO SUPREME COURT'S ABILITY TO REVIEW WHAT AN AGENCY DOES 21:01.628 --> 21:05.331 WHETHER IT BE THE DEPARTMENT OF WATER RESOURCES OR ANY AGENCY, 21:05.331 --> 21:07.901 IT DOESN'T MATTER TTURNS ON WHAT YOU'RE LOOKING AT. 21:07.901 --> 21:12.105 IF YOU'RE LOOKING AT FACTUAL ISSUES, IF YOU'RE LOOKING AT 21:12.105 --> 21:17.243 PLACES WHERE THE DEPARTMENT HAS PARTICULAR EXPERTISE AND YOU'RE 21:17.243 --> 21:21.181 TALKING ABOUT FACT SPECIFIC TYPES OF ISSUES, VERY HARD FOR 21:21.181 --> 21:28.021 THE SUPREME COURT TO STEP IN AND TO JUDGE OR REEVALUATE THOSE 21:28.021 --> 21:32.625 FACTS, TO SECOND GUESS IF YOU WILL THE LEGISLATIVE AGENCY 21:32.625 --> 21:34.361 EXCUSE ME THE EXECUTIVE AGENCY. 21:34.361 --> 21:36.930 IF YOU'RE TALKING ABOUT THE LAW, ON THE OTHER HAND, THAT'S A 21:36.930 --> 21:37.997 WHOLE DIFFERENT MATTER. 21:37.997 --> 21:41.835 THAT'S AN AREA WHERE THE IDAHO SUPREME COURT CAN USE ITS POWERS 21:41.835 --> 21:43.103 TO REVIEW WHAT'S HAPPENING. 21:43.103 --> 21:45.205 >> SENATOR McKENZIE, SAME QUESTION. 21:45.205 --> 21:52.379 SHOULD THE SUPREME COURT GIVE DEFERENCE TO DECISIONS FROM 21:52.379 --> 21:52.579 IBWR? 21:52.579 --> 21:56.583 >> I BELIEVE THE COURT'S ROLE IS FUNDAMENTALLY TO PROTECT THOSE 21:56.583 --> 22:00.987 RIGHTS AS THEY ARE EXPRESSED IN OUR STATE CONSTITUTION. 22:00.987 --> 22:06.860 WE NEED TO BE CAREFUL ABOUT DEFERRING TO THE AGENCY IN THIS 22:06.860 --> 22:13.099 REGARD OR OTHERS BECAUSE WE HAVE SEEN THE FEDERAL MODEL WHERE THE 22:13.099 --> 22:15.635 LEGISLATURE, CONGRESS HAS DEFERRED BROAD RULEMAKING 22:15.635 --> 22:22.642 AUTHORITY TO AGENCIES AND THEN COURTS HAVE DEFERRED TO THEIR 22:22.642 --> 22:26.012 EXPERTISE ALLOWING MUCH OF THAT POLICY MAKING AUTHORITY THAT HAD 22:26.012 --> 22:30.250 BEEN EXERCISED BY CONGRESS TO NOW BE EXERCISED BY AGENCIES. 22:30.250 --> 22:35.655 IN THIS REGARD, IN WATER ISSUES, I WOULD SAY IDAHO IS AHEAD OF 22:35.655 --> 22:38.558 MOST OF THE WEST IN HOW WE DEAL WITH WATER. 22:38.558 --> 22:42.262 BUT WE DO HAVE A FUNDAMENTALLY IMPORTANT ISSUE WHICH IS HAS 22:42.262 --> 22:48.835 SNAKE RIVER AQUIFER, THE DECLINE OF THAT AQUIFER AND HISTORIC 22:48.835 --> 22:52.672 AGREEMENT THAT WAS ENTERED THIS SPRING BETWEEN THE GROUND WATER 22:52.672 --> 22:57.944 USERS AND THE SURFACE WATER COALITION, AND I BELIEVE THAT 22:57.944 --> 23:01.981 PARTS OF THAT AGREEMENT THAT ARE SET TO BE IMPLEMENTED OVER A 23:01.981 --> 23:06.252 NUMBER OF YEARS COULD VERY WELL WORK THEIR WAY UP TO THE COURT. 23:06.252 --> 23:12.058 I WOULD SEE MY ROLE WITH RESPECT TO THAT OR OTHER WATER ISSUES TO 23:12.058 --> 23:18.698 APPLY THE LANGUAGE AS WRITTEN AND ALLOW THAT WITHIN THE 23:18.698 --> 23:21.167 CONSTITUTIONAL FRAMEWORK TO DEFINE WHAT THOSE RIGHTS ARE. 23:21.167 --> 23:25.538 >> NEXT QUESTION. 23:25.538 --> 23:28.508 >> SENATOR, IF YOU HAVE NEVER ARGUED A INDICATE BEFORE THE 23:28.508 --> 23:31.611 IDAHO SUPREME COURT OR COURT OF APPEALS, WHY DO YOU THINK YOU'RE 23:31.611 --> 23:35.248 READY TO SIT ON THE HIGHEST BENCH IF YOU HAVE NEVER STOOD IN 23:35.248 --> 23:36.182 FRONT OF IT? 23:36.182 --> 23:38.451 >> THANK YOU FOR THAT QUESTION. 23:38.451 --> 23:43.556 MY EXPERIENCE HAS BEEN IN FRONT OF OUR DISTRICT JUDGES OR OUR 23:43.556 --> 23:45.358 MAGISTRATES. 23:45.358 --> 23:47.460 THOSE ARE THE COURTS THAT MOST PEOPLE SEE. 23:47.460 --> 23:51.564 THEY ARE MOST FAMILIAR WITH THOSE COURTS OR SPECIALTY COURTS 23:51.564 --> 23:54.734 LIKE VETERANS COURT, MENTAL HEALTH COURT, DRUG COURT WHERE I 23:54.734 --> 23:57.037 HAVE SPENT HOURS IN FRONT OF THEM. 23:57.037 --> 24:06.146 AS AN ATTORNEY, I HAVE FILED APPELLATE BRIEFS WHEN I WAS IN 24:06.146 --> 24:06.513 WASHINGTON D.C. 24:06.513 --> 24:13.420 WE HAD SOME APPELLATE WORK AT STOLL REEFS. 24:13.420 --> 24:18.358 THE ANALYSIS I DID ON THOSE CASES, THE COMPLEX LITIGATION, 24:18.358 --> 24:21.161 EXTENSIVE BRIEF WRITING THAT WE DID IS ALL IMPORTANT BACKGROUND 24:21.161 --> 24:23.730 FOR SOMEONE WHO IS GOING TO BE ON THE COURT. 24:23.730 --> 24:28.601 BUT I ALSO BELIEVE IT'S JUST AS IMPORTANT TO HAVE A JUSTICE WITH 24:28.601 --> 24:31.871 EXTENSIVE EXPERIENCE ACTUALLY PRACTICING IN FRONT OF THOSE 24:31.871 --> 24:35.875 DISTRICT JUDGES AND MAGISTRATE JUDGES WHO ARE THE ONES MOST 24:35.875 --> 24:38.645 PEOPLE WILL BE IN FRONT OF. 24:38.645 --> 24:42.716 >> MRS. BRODY, YOU HAVE ARGUED BEFORE THE IDAHO SUPREME COURT 24:42.716 --> 24:47.020 BUT NEARLY ALL YOUR EXPERIENCE APPEARS TO BE IN CIVIL CASES. 24:47.020 --> 24:54.194 DO YOU HAVE WHAT IT TAKES TO BE PART OF THE TEAM LEADING IDAHO'S 24:54.194 --> 24:55.128 COURT? 24:55.128 --> 24:58.832 >> THE PERSPECTIVE I BRING TO THE COURT, I LOOK AT THIS JOB AS 24:58.832 --> 25:00.600 BEING PART OF THE TEAM. 25:00.600 --> 25:04.304 YOU'RE NOT ALONE MAKING DECISIONS. 25:04.304 --> 25:07.674 YOU'RE WORKING WITH FOUR OTHER PEOPLE TO MAKE THE BEST POLICY 25:07.674 --> 25:08.608 DECISIONS POSSIBLE. 25:08.608 --> 25:11.511 IT'S TRUE I'M NOT A CRIMINAL DEFENSE ATTORNEY BY ANY STRETCH 25:11.511 --> 25:17.217 BUT I CERTAINLY HAVE A GREAT DEAL OF EXPERIENCE ACTUALLY 25:17.217 --> 25:20.086 WORKING WITHIN THAT SYSTEM AND WORKING WITH PEOPLE WHO HAVE 25:20.086 --> 25:22.789 BEEN THE VICTIMS OF CRIME. 25:22.789 --> 25:27.327 I THINK THAT THAT'S A PERSPECTIVE THAT IS VALUABLE AND 25:27.327 --> 25:30.330 IMPORTANT AND DIFFERENT THAN WHAT'S THERE NOW. 25:30.330 --> 25:40.273 SPEAKING OF THE THREE JUDGES THERE NOW, ALL INCREDIBLY 25:40.273 --> 25:42.375 EXPERIENCED DISTRICT COURT JUDGES WHO COME WITH TONS OF 25:42.375 --> 25:46.079 BACKGROUND AND EXPERIENCE IN THE CRIMINAL MATTERS BUT TO HAVE A 25:46.079 --> 25:49.349 DIFFERENT VOICE, A DIFFERENT PERSPECTIVE, I THINK THAT'S 25:49.349 --> 25:52.886 INCREDIBLY IMPORTANT. 25:52.886 --> 25:59.325 >> MRS. BRODY, WHAT DO YOU THINK OF SENATOR McKENZIE'S ARGUMENT 25:59.325 --> 26:03.029 THAT HE HAS PRACTICALLED BEFORE STATE AND DISTRICT JUDGES AND 26:03.029 --> 26:05.198 THAT'S SUFFICIENT EXPERIENCE TO GO BEFORE THE SUPREME COURT OR 26:05.198 --> 26:08.868 COURT OF APPEALS? 26:08.868 --> 26:14.341 >> YOU KNOW, WE HAVE TRAVELED A LOT TOGETHER OVER THE PAST SEVEN 26:14.341 --> 26:16.710 MONTHS AND WE HAVE LISTENED TO EACH OTHER TALK. 26:16.710 --> 26:19.879 WHEN IT COMES DOWN TO HOW WE INTERPRET A STATUTE OR HOW WE 26:19.879 --> 26:23.516 MIGHT APPROACH A CONSTITUTIONAL QUESTION, I DON'T KNOW THAT 26:23.516 --> 26:25.785 MR. McKENZIE AND I REALLY DIFFER IN THAT REGARD. 26:25.785 --> 26:30.890 THE THINGS THAT HE IS TALKING ABOUT, THOSE ARE THINGS THAT ARE 26:30.890 --> 26:33.326 BRED INTO US IN LAW SCHOOL. 26:33.326 --> 26:35.729 THAT'S THE WAY WE APPROACH LEGAL QUESTIONS TODAY. 26:35.729 --> 26:40.967 WE ASK WHAT DOES A STATUTE SAY, NOT WHAT DO WE WANT IT TO SAY. 26:40.967 --> 26:44.437 BUT I'LL TELL YOU RT THING THAT MAKES ME DIFFERENT FROM 26:44.437 --> 26:44.804 MR. McKENZIE. 26:44.804 --> 26:49.542 THAT'S 20 YEARS OF EXPERIENCE LITIGATING IN FRONT OF COUNTY 26:49.542 --> 26:52.512 COMMISSIONS, PLANNING AND ZONING, MAGISTRATE COURT, 26:52.512 --> 26:55.448 DISTRICT COURT, THE SUPREME COURT, NINE TIMES. 26:55.448 --> 26:59.853 TALKING ABOUT GETTING AN INCREDIBLY BROAD AND DEEP 26:59.853 --> 27:02.589 PERSPECTIVE ON THE LEGAL ISSUES THAT AFFECT THE PEOPLE OF THE 27:02.589 --> 27:03.490 STATE OF IDAHO. 27:03.490 --> 27:07.327 I'M TALKING ABOUT TAKING 20 YEARS OF BEING IN THE TRENCHES. 27:07.327 --> 27:10.230 I HAVE HAD ONE JOB MY WHOLE CAREER. 27:10.230 --> 27:14.834 THAT'S TAKING CARE OF PEOPLE'S PROBLEMS IN THE COURTS AND 27:14.834 --> 27:19.506 TALKING ABOUT WHAT THE LAW IS, WHAT THE POLICIES ARE, MAKING 27:19.506 --> 27:20.240 EXCELLENT DECISIONS. 27:20.240 --> 27:24.678 I THINK THAT VOICE, THAT EXPERIENCE IS INCREDIBLY 27:24.678 --> 27:27.681 IMPORTANT AND THE FACT THAT MR. McKENZIE HAS NEVER STOOD 27:27.681 --> 27:30.250 IN FRONT OF THE IDAHO SUPREME COURT IS SOMETHING THAT CONCERNS 27:30.250 --> 27:32.719 ME GREATLY. 27:32.719 --> 27:36.589 >> SENATOR McKENZIE, WHY HAVEN'T YOU ARGUED A INDICATE 27:36.589 --> 27:38.792 BEFORE THE SUPREME COURT OR COURT OF APPEALS PRIOR TO 27:38.792 --> 27:40.727 SEEKING A SEAT ON THAT BENCH? 27:40.727 --> 27:48.268 >> MY PRACTICE HAS JUST BEEN IN EITHER FEDERAL COURT, AT STOLL 27:48.268 --> 27:53.239 REEFS OR OUT OF STATE COURTS REPRESENTING A COMPANY BASED IN 27:53.239 --> 27:55.275 IDAHO THAT HAD BUSINESS ACROSS THE COUNTRY. 27:55.275 --> 28:01.848 THEN MOST OF MY EXPERIENCE IN PRACTICE AT MY OWN FIRM HAS BEEN 28:01.848 --> 28:03.483 AT THE TRIAL LEVEL. 28:03.483 --> 28:06.119 SO I HAVE THAT EXTENSIVE EXPERIENCE. 28:06.119 --> 28:08.755 I THINK IT'S A USEFUL EXPERIENCE. 28:08.755 --> 28:13.960 BUT I WOULD SAY WHAT I LOOK FOR IN A JUSTICE, IT'S NOT SIMPLY 28:13.960 --> 28:17.764 THAT YOU HAVE ARGUED A FEW CASES BEFORE THE SUPREME COURT, BUT 28:17.764 --> 28:23.236 THAT FUNDAMENTAL JUDICIAL PHILOSOPHY THAT INFORMS ALL YOUR 28:23.236 --> 28:25.238 CASES WHETHER IT'S A CONSTITUTIONAL ISSUE OR STATUTE 28:25.238 --> 28:29.609 OR AGREEMENT THAT YOU WILL APPLY THE TEXT AS WRITTEN AND I WOULD 28:29.609 --> 28:31.244 DO THAT. 28:31.244 --> 28:38.251 I WOULD ALSO SAY MY ACADEMIC BACKGROUND AT GEORGETOWN 28:38.251 --> 28:41.855 UNIVERSITY, ATTENDED ON A FULL TUITION SCHOLARSHIP ON A YEAR 28:41.855 --> 28:44.891 THEY HAD MORE APPLICANTS THAN ANY LAW SCHOOL IN THE COUNTRY 28:44.891 --> 28:45.959 HAS EVER HAD. 28:45.959 --> 28:50.263 GRADUATED IN THE TOP 10% OF MY CLASS THERE AS A STRONG 28:50.263 --> 28:50.597 BACKGROUND. 28:50.597 --> 28:52.098 I UNDERSTAND THE LAW. 28:52.098 --> 28:56.903 I CAN APPLY IT AND SERVE IDAHO WELL ON ITS COURT. 28:56.903 --> 29:00.373 >> THE NEXT QUESTION ON PRO BONO. 29:00.373 --> 29:04.944 >> SENATOR McKENZIE, THIS IS PRO BONO WEEK. 29:04.944 --> 29:08.281 IDAHO REESE RULES OF PROFESSIONAL CONDUCT SAY LAWYERS 29:08.281 --> 29:13.019 SHOULD ASPIRE TO PERFORM AT LEAST 50 HOURS OF PRO BONO WORK 29:13.019 --> 29:18.291 A YEAR AND BOTH OF YOU MAINTAIN YOU HAVE DONE MORE THAN THAT YET 29:18.291 --> 29:22.195 NEITHER OF YOU HAVE RECORDED THAT TO THE IDAHO LAWYERS 29:22.195 --> 29:22.662 PROGRAM. 29:22.662 --> 29:25.498 IF ELECTED TO THE HIGH COURT YOU'LL BE ABLE TO MAKE SURE THE 29:25.498 --> 29:28.501 STATE IS WORKING TO MEET THE LEGAL NEEDS OF LOW INCOME 29:28.501 --> 29:28.768 CLIENTS. 29:28.768 --> 29:32.772 DO YOU THINK THAT IDAHO'S PRO BONO TRACKING AND REPORTING 29:32.772 --> 29:36.242 SYSTEMS NEED TO BE MORE ROBUST SO WE CAN ALL GET A BETTER 29:36.242 --> 29:42.515 UNDERSTANDING OF THE NEED FOR REDUCED FEE LEGAL WORK OR WOULD 29:42.515 --> 29:46.619 A REPORTING REQUIREMENT JUST BE TOO OPPRESSIVE? 29:46.619 --> 29:47.787 >> THANK YOU. 29:47.787 --> 29:51.725 I WOULDN'T ADD TO THE REPORTING REQUIREMENTS OF THE ATTORNEYS 29:51.725 --> 29:53.960 BECAUSE PRACTICES DIFFER SO MUCH. 29:53.960 --> 29:59.332 FROM WHEN I WAS AT STOLL REEF, A LAW FIRM OF HUNDREDS OF 29:59.332 --> 30:03.103 ATTORNEYS TO HAVING A SOLO PRACTICE, REPRESENTING 30:03.103 --> 30:05.438 INDIVIDUALS AND SMALL BUSINESSES, THEY ARE VERY 30:05.438 --> 30:07.374 DIFFERENT PRACTICES. 30:07.374 --> 30:12.979 SOME ATTORNEYS LIKE ME SERVE OTHER CAPACITIES. 30:12.979 --> 30:16.750 I'M IN THE LEGISLATURE THREE OR FOUR MONTHS OUT OF THE YEAR 30:16.750 --> 30:20.186 DEPENDING IF WE CAN SET A BUDGET OR NOT. 30:20.186 --> 30:21.388 INTERIM COMMITTEES. 30:21.388 --> 30:24.891 ATTORNEYS HAVE OBLIGATIONS AND MANY OF THOSE ARE IN PUBLIC 30:24.891 --> 30:28.762 SERVICE THAT ARE NOT NECESSARILY PRO BONO. 30:28.762 --> 30:35.035 I WOULDN'T REQUIRE ATTORNEYS TO HAVE ADDITIONAL REPORTING 30:35.035 --> 30:38.571 REQUIREMENTS BUT I DO THINK IT IS IMPORTANT IT THAT WE CONTINUE 30:38.571 --> 30:41.841 TO EMPHASIZE ACCESS TO THE COURTS AND WITH PRO BONO WORK AS 30:41.841 --> 30:43.209 PART OF THAT. 30:43.209 --> 30:44.678 >> MRS. BRODY, SAME QUESTION. 30:44.678 --> 30:47.213 >> YOU KNOW, I LEARNED SOMETHING. 30:47.213 --> 30:49.949 I LEARNED SOMETHING IN THIS CAMPAIGN, AND THAT IS I DIDN'T 30:49.949 --> 30:53.019 REALIZE I WAS SUPPOSED TO BE REPORTING HOURS TO THE NORTH 30:53.019 --> 30:55.555 IDAHO BAR OR THE VOLUNTEER LAWYERS PROGRAM. 30:55.555 --> 30:59.059 WHEN I PARTICIPATED IN THAT PROGRAM I REPORTED THE HOURS. 30:59.059 --> 31:02.095 BUT IN TERMS OF THE HOURS THAT I SPEND TAKING CARE OF MY 31:02.095 --> 31:05.165 NEIGHBORS AND COMMUNITY MEMBERS, NO, I HAVE NEVER REPORTED THEM 31:05.165 --> 31:05.865 TO ANYONE. 31:05.865 --> 31:10.537 BUT I'LL TELL YOU, FOR ME WHAT'S IMPORTANT IS I TRAVELED AROUND 31:10.537 --> 31:13.707 THE STATE, I HAVE SEEN WHAT LAWYERS ARE DOING. 31:13.707 --> 31:17.877 WE HAVE PEOPLE WORKING IN EVERY COMMUNITY PROVIDING SERVICES. 31:17.877 --> 31:22.816 WHEN I WAS UP IN BONNER'S FERRY THE IDAHO LEGAL AID WAS 31:22.816 --> 31:25.618 ADVERTISING A FREE DAY WHERE YOU COULD COME IN AND HAVE A TIME 31:25.618 --> 31:30.090 SET ASIDE TO MEET WITH AN ATTORNEY TO DISCUSS YOUR LEGAL 31:30.090 --> 31:30.457 MATTERS. 31:30.457 --> 31:34.561 THE IDAHO TRIAL LAWYERS, IN BOISE, THEY PROVIDE THE STREET 31:34.561 --> 31:35.195 LAW CLINIC. 31:35.195 --> 31:37.831 THERE'S A PROGRAM SIMILAR TO THAT IN TWIN FALLS. 31:37.831 --> 31:41.134 WHAT I SEE FROM TRAVELING AROUND IS THAT THE FIRST THING WE NEED 31:41.134 --> 31:45.038 TO DO IN THIS STATE IS GATHER UP ALL OF THE ASSETS THAT WE HAVE, 31:45.038 --> 31:48.742 ALL OF THE PEOPLE PROVIDING THOSE SERVICES, GET THEM PUT IN 31:48.742 --> 31:52.746 ONE PLACE AND COORDINATED SO THAT EVERYONE KNOWS THAT THEIR 31:52.746 --> 31:53.680 SERVICES ARE AVAILABLE. 31:53.680 --> 31:58.685 WHAT I WOULD ALSO LOVE TO DO IS I WOULD LOVE TO SEE A WEBSITE, 31:58.685 --> 32:02.222 SOMETHING LIKE FREE LEGAL SERVICES FOR IDAHO, I DON'T KNOW 32:02.222 --> 32:05.792 THE NAME BUT THE POINT IS THIS, WHERE YOU CAN CATALOG THOSE 32:05.792 --> 32:06.860 SERVICES THAT ARE AVAILABLE. 32:06.860 --> 32:10.597 WHERE YOU CAN TAKE THE FORMS, INTERACTIVE FORM SERVICES THAT 32:10.597 --> 32:14.434 THE IDAHO LEGAL AID SERVICES THAT AVAILABLE ON THEIR WEBSITE, 32:14.434 --> 32:15.702 PUT THEM ON THERE. 32:15.702 --> 32:18.104 THE IDAHO SUPREME COURT HAS FORMS AVAILABLE. 32:18.104 --> 32:20.740 LET'S MAKE THEM INTERACTIVE. 32:20.740 --> 32:22.809 PUT THEM ON A SINGLE WEBSITE. 32:22.809 --> 32:24.444 I'M TALKING ABOUT JUST COMMON SENSE. 32:24.444 --> 32:27.814 TALKING ABOUT GATHERING UP ALL THE RESOURCES THAT WE HAVE, 32:27.814 --> 32:31.117 PUTTING THEM IN ONE SPOT SO THAT THE PEOPLE OF THE STATE OF IDAHO 32:31.117 --> 32:33.086 CAN ACCESS THEM. 32:33.086 --> 32:36.189 >> NEXT QUESTION FROM REBECCA. 32:36.189 --> 32:40.360 >> MR. THE STATE BAR SURVEYED MEMBERS. 32:40.360 --> 32:43.530 [AUDIO NOT UNDERSTANDABLE] THEY RATED THEM IN FOUR 32:43.530 --> 32:46.666 CATEGORIES INCLUDING INTEGRITY, KNOWLEDGE OF THE LAW, 32:46.666 --> 32:50.837 TEMPERAMENT AND LEGAL AABILITY ON A SCALE OF ONE TO FOUR, FOUR 32:50.837 --> 32:52.138 BEING THE HIGHEST. 32:52.138 --> 32:58.978 MRS. BRODY YOU AVERAGED 3.64, SENATOR McKENZIE AVERAGED A 32:58.978 --> 32:59.779 1.86. 32:59.779 --> 33:03.883 HOW MUCH WEIGHT SHOULD VOTERS GIVE THESE SCORES? 33:03.883 --> 33:06.486 >> IT'S INCREDIBLY IMPORTANT SCORES. 33:06.486 --> 33:10.490 PEOPLE ASK ME, WHEN I'M OUT ON THE CAMPAIGN TRAIL THE FIRST 33:10.490 --> 33:14.160 THING THEY ASK IS DO WE REALLY VOTE FOR OUR SUPREME COURT 33:14.160 --> 33:14.494 JUSTICES? 33:14.494 --> 33:17.630 THE NEXT QUESTION IS, WHAT MAKES A GOOD ONE? 33:17.630 --> 33:22.268 THAT'S SUCH A HARD THING FOR PEOPLE TO EVALUATE. 33:22.268 --> 33:24.004 I'LL TELL YOU WHAT. 33:24.004 --> 33:28.708 AS MUCH AS WE ALL LOVE TO TELL A GOOD JOKE FROM TIME TO TIME, THE 33:28.708 --> 33:33.079 LAWYERS OF THIS STATE KNOW WHAT JUDGES DO, THEY KNOW WHAT IS 33:33.079 --> 33:36.182 IMPORTANT, THEY KNOW HOW TO EVALUATE IT AND THEY HAVE DONE 33:36.182 --> 33:37.283 THAT. 33:37.283 --> 33:38.718 THOSE SCORES MEAN SOMETHING. 33:38.718 --> 33:42.722 I HOPE IDAHO VOTERS WILL TAKE A LOOK AT THEM. 33:42.722 --> 33:45.825 >> SENATOR McKENZIE? 33:45.825 --> 33:51.131 >> IT DOESN'T SURPRISE ME THAT LAWYERS TEND TO LEAN TOWARDS 33:51.131 --> 33:55.468 SOMEONE WHO SERVED AS PRESIDENT OF THE TRIAL LAWYERS ASSOCIATION 33:55.468 --> 33:59.406 OVER SOMEONE MO MOST OF THEM KNOW ONLY AS A CONSERVATIVE 33:59.406 --> 34:01.775 REPUBLICAN STATE SENATOR. 34:01.775 --> 34:08.982 LAST YEAR A HARVARD LAW SCHOOL DID A SURVEY OF THE IDEOLOGY OF 34:08.982 --> 34:10.316 AMERICAN ATTORNEYS. 34:10.316 --> 34:13.319 THEY PUBLISHED IT LAST YEAR. 34:13.319 --> 34:17.090 WHAT THEY CALLED THE MOST COMPREHENSIVE PICTURE OF THE 34:17.090 --> 34:20.093 IDEOLOGY OF AMERICAN LAWYERS EVER ASSEMBLED. 34:20.093 --> 34:22.362 HERE'S WHAT THEY FOUND. 34:22.362 --> 34:26.533 JUST QUOTING FROM THEIR CONCLUSION, FIRST AMERICAN 34:26.533 --> 34:30.070 LAWYERS LEAN TO THE LEFT OF THE IDEOLOGICAL SPECTRUM. 34:30.070 --> 34:33.106 THE MODEL SCORE PLACES THE AVERAGE AMERICAN LAWYER'S 34:33.106 --> 34:35.875 IDEOLOGY CLOSE TO THE IDEOLOGY OF PRESIDENT CLINTON. 34:35.875 --> 34:40.447 THIS CONFIRMS PRIOR SCHOLARSHIP AND JOURNALISM ARGUED THAT THE 34:40.447 --> 34:43.016 LEGAL PROFESSION IS LIBERAL ON BALANCE. 34:43.016 --> 34:48.455 NOW, I DON'T KNOW MRS. BRODY'S PERSONAL PREFERENCES. 34:48.455 --> 34:53.026 SHE DOESN'T DISCUSS IT ON THE CAMPAIGN TRAIL BUT I WOULD 34:53.026 --> 34:58.031 EXPECT THE ATTORNEYS AND THAT BIAS TO BE REFLECTED ON AN 34:58.031 --> 35:00.600 ANONYMOUS SURVEY OF SOMEONE WHO WAS PRESIDENT OF THE TRIAL 35:00.600 --> 35:05.505 LAWYERS ASSOCIATION VERSUS SOMEONE WHO IS A CONSERVATIVE. 35:05.505 --> 35:08.475 HAS A RECORD AS A CONSERVATIVE REPUBLICAN STATE SENATOR. 35:08.475 --> 35:16.416 IN FACT WHEN YOU LOOK AT THE SURVEY RESULTS FROM 2010, THE 35:16.416 --> 35:20.253 RATINGS RATED HIGHER THAN ANY PERSON WHO HAS APPLIED TO THAT 35:20.253 --> 35:24.357 COURT INCLUDING TWO OF THE SITTING JUSTICES AS WELL AS 35:24.357 --> 35:29.162 SEVERAL DISTRICT JUDGES THAT I HAVE SAT IN FRONT OF. 35:29.162 --> 35:33.900 I AM PROUD THAT THOSE THAT I WORK THE CLOSEST WITH THEIR HAVE 35:33.900 --> 35:36.436 SUPPORTED ME. 35:36.436 --> 35:40.640 EVERY MEMBER OF THE MAJORITY LEADERSHIP TEAM THAT HAS SERVED 35:40.640 --> 35:43.710 ON STATE AFFAIRS COMMITTEE WHICH I CHAIRED HAS. 35:43.710 --> 35:48.281 EVERY MEMBER OF THE HOUSE LEADERSHIP TEAM AS WELL. 35:48.281 --> 35:51.384 SO I'M PROUD FOR THOSE ENDORSEMENTS. 35:51.384 --> 35:56.923 BUT I DO THINK WE NEED TO LOOK AT PEOPLE'S INHERENT BIASES WHEN 35:56.923 --> 35:59.592 THEY FILL OUT AN ANONYMOUS SURVEY. 35:59.592 --> 36:03.830 >> MRS. BRODY, I WANT TO GIVE YOU A CHANCE TO RESPOND. 36:03.830 --> 36:09.669 FIRST I WANT TO TOUCH ON SOMETHING YOU SAID. 36:09.669 --> 36:11.705 YOU POSTED ENDORSEMENTS, ALL REPUBLICANS. 36:11.705 --> 36:15.842 YOU MENTIONED YOU HAVE A REPUTATION FOR BEING A 36:15.842 --> 36:18.311 CONSERVATIVE REPUBLICAN. 36:18.311 --> 36:22.682 ARE YOU PROPERLY RUNNING FOR A NONPARTISAN OFFICE WITH ALL OF 36:22.682 --> 36:24.484 THESE ENDORSEMENTS THAT YOU HAVE BEEN TOUTING? 36:24.484 --> 36:26.886 >> WELL, THANK YOU. 36:26.886 --> 36:28.788 I'M PROUD OF THOSE ENDORSEMENTS. 36:28.788 --> 36:33.860 BUT I ALSO HAVE ENDORSEMENTS OF MEMBERS OF OTHER PARTIES THAT I 36:33.860 --> 36:35.795 HAVE WORKED WITH. 36:35.795 --> 36:42.602 AS PRESIDENT OF PENWER, OUR LEADERSHIP TEAM WAS MADE UP OF I 36:42.602 --> 36:45.805 WAS PRESIDENT FROM IDAHO BUT ALSO LEADERS FROM OREGON, 36:45.805 --> 36:48.008 BRITISH COLUMBIA AND MONTANA. 36:48.008 --> 36:54.014 AND THE THREE MEMBERS WHO SERVED AS VICE PRESIDENTS WHEN I WAS 36:54.014 --> 36:58.218 PRESIDENT OF THAT ORGANIZATION HAVE ALL ENDORSED ME. 36:58.218 --> 37:03.390 THEY ARE FROM THREE DIFFERENT POLITICAL PARTIES. 37:03.390 --> 37:06.226 SENATOR ROBELAND IS A DEMOCRAT FROM OREGON. 37:06.226 --> 37:10.697 MIKE CUFF IS A REPUBLICAN REPRESENTATIVE FROM MONTANA. 37:10.697 --> 37:17.771 DAN ASHTON WAS AN ML A FROM THE BRITISH COLUMBIA LIBERAL PARTY. 37:17.771 --> 37:21.241 THEY HAVE SENT A LETTER TO THE NEWSPAPERS ACROSS THE STATE AND 37:21.241 --> 37:24.044 I'LL READ A BRIEF PORTION OF THAT. 37:24.044 --> 37:27.414 THEY WROTE, WE'RE MEMBERS OF THREE DIFFERENT POLITICAL 37:27.414 --> 37:30.984 PARTIES BUT PARTY AFFILIATION WAS NEVER AN ISSUE AS WE WORKED 37:30.984 --> 37:34.154 CLOSELY WITH SENATOR McKENZIE TO ADVANCE NONPARTISAN SOLUTIONS 37:34.154 --> 37:35.889 TO REGIONAL ISSUES. 37:35.889 --> 37:40.960 SENATOR McKENZIE'S LEADERSHIP WAS FAIR, OPEN AND COLLABORATIVE 37:40.960 --> 37:44.164 AND FOCUSED ON ADVANCING THE BEST INTERESTS OF OUR REGION. 37:44.164 --> 37:49.703 WE BELIEVE THE QUALITIES THAT MADE HIM AN EFFECTED AN 37:49.703 --> 37:54.274 RESPECTED MEMBER OF PENWER WILL SERVE HIM WELL ON THE IDAHO 37:54.274 --> 37:59.045 SUPREME COURT. 37:59.045 --> 38:03.216 >> THE BAR SCORES ARE WHAT THEY ARE BECAUSE I EARNED THEM. 38:03.216 --> 38:05.852 I EARNED THEM OVER 20 YEARS. 38:05.852 --> 38:11.391 IF YOU TAKE A LOOK AT MY SERVICE IN THE BAR, EVERY ORGANIZATION 38:11.391 --> 38:15.762 THAT I HAVE BEEN A PART OF, I HAVE RISEN TO THE LEADERSHIP 38:15.762 --> 38:15.962 SPOT. 38:15.962 --> 38:19.966 I HAVE BEEN THE PRESIDENT OF THE 5th DISTRICT BAR ASSOCIATION. 38:19.966 --> 38:24.137 I AM PART OF THE IDAHO TRIAL LAWSHES ASSOCIATION AND I BECAME 38:24.137 --> 38:24.871 THE PRESIDENT. 38:24.871 --> 38:30.977 I WAS A MEMBER OF A PROFESSIONALISM ORGANIZATION AND 38:30.977 --> 38:31.945 I BECAME THE PRESIDENT. 38:31.945 --> 38:36.316 IN 2014 THE BAR HONORED ME WITH A PROFESSIONALISM AWARD. 38:36.316 --> 38:40.153 WHEN PEOPLE CALL ME, AND IT HAPPENS VIRTUALLY EVERY DAY, 38:40.153 --> 38:44.858 THEY CALL OR THEY EMAIL, THEY ASK FOR MY ADVICE, MY INPUT. 38:44.858 --> 38:46.426 TALKING ABOUT MY PEERS NOW. 38:46.426 --> 38:49.729 PEOPLE COMING TO ME LOOKING FOR KNOWLEDGE AND INFORMATION. 38:49.729 --> 38:53.533 WHEN PEOPLE ASK ME TO TEACH, I TEACH. 38:53.533 --> 38:56.069 CONTINUING LEGAL EDUCATION IN ANY FORM THAT THEY ASK. 38:56.069 --> 38:59.272 I'M A MENTOR IN THE IDAHO TRIAL SKILLS ACADEMY. 38:59.272 --> 39:03.309 I MENTOR YOUNG LAWYERS IN PRACTICE LESS THAN TEN YEARS, 39:03.309 --> 39:05.745 HELP THEM BECOME BETTER LAWYERS. 39:05.745 --> 39:10.383 PEOPLE COME TO ME BECAUSE I GIVE BECAUSE I SERVE. 39:10.383 --> 39:14.220 I TRY TO PROVIDE THEM WITH THE BENEFIT OF THE KNOWLEDGE AND 39:14.220 --> 39:17.824 INFORMATION THAT I HAVE GOT. 39:17.824 --> 39:19.659 WE'RE TALKING ABOUT REPUTATION. 39:19.659 --> 39:23.663 SOMETHING THAT HAS TAKEN ME 20 YEARS TO EARN. 39:23.663 --> 39:26.766 THAT'S WHY THE BAR SCORES ARE WHAT THEY ARE. 39:26.766 --> 39:29.502 IT'S NOT SIMPLY A REFLECTION OF BIAS. 39:29.502 --> 39:33.973 IT'S A REFLECTION OF PEOPLE KNOWING ME AND MOST IMPORTANTLY 39:33.973 --> 39:36.042 TRUSTING ME. 39:36.042 --> 39:38.678 >> THE NEXT QUESTION FROM BETSY RUSSELL. 39:38.678 --> 39:44.250 >> MRS. BRODY, WHILE YOU HAVE RECEIVED ENDORSEMENTS IN THIS 39:44.250 --> 39:47.053 RACE FROM AN ARRAY OF INDIVIDUALS IN IDAHO FROM BOTH 39:47.053 --> 39:52.325 POLITICAL PARTIES, STATE RECORDS DO SHOW THAT PRIOR TO YOUR 39:52.325 --> 39:57.697 MAKING THIS RUN IN PAST YEARS YOU DID GIVE POLITICAL 39:57.697 --> 39:59.599 DONATIONS, PARTISAN, ALL TO REPUBLICANS. 39:59.599 --> 40:05.171 HOW DO YOU RISE ABOVE YOUR PAST PARTISAN REPUBLICAN TIES TO SEEK 40:05.171 --> 40:06.439 THIS NONPARTISAN SEAT? 40:06.439 --> 40:07.540 >> SURE. 40:07.540 --> 40:11.444 I'M NOT APOLITICAL. 40:11.444 --> 40:17.884 BEFORE I SO THE THIS POSITION I PARTICIPATED ACTIVELY IN LOCAL 40:17.884 --> 40:18.251 POLITICS. 40:18.251 --> 40:23.289 I HAVE BROUGHT PIES TO PICNICS, I HAVE HELPED WIN RACES TO BE 40:23.289 --> 40:26.826 SURE, BUT WHEN IT COMES TO THIS RACE, WHEN I SIGNED UP FOR THIS 40:26.826 --> 40:32.465 RACE I KNEW IT WAS NONPARTISAN AND I WAS HAPPY TO SIGN ON. 40:32.465 --> 40:36.536 FRANKLY IN TODAY'S WORLD I LOVE THE FACT THAT IN THIS RACE I CAN 40:36.536 --> 40:40.106 REACH ACROSS THE AISLE TO DEMOCRATS, REPUBLICANS, 40:40.106 --> 40:42.208 CONSTITUTIONALISTS, INDEPENDENTS, IT DOESN'T MATTER. 40:42.208 --> 40:46.579 THE THING ABOUT IT IS WHEN IT COMES TO A SUPREME COURT 40:46.579 --> 40:51.217 JUSTICE, EVERY SINGLE PERSON ON THAT SPECTRUM WANTS THE SAME 40:51.217 --> 40:51.584 THING. 40:51.584 --> 40:55.155 THEY WANT SOMEBODY WHO IS GOING TO APPLY THE LAW, WHO WILL BE 40:55.155 --> 40:57.223 FAIR, TREAT PEOPLE WITH DIGNITY AND RESPECT. 40:57.223 --> 40:59.426 THEY WANT THE SAME THINGS, BETSY. 40:59.426 --> 41:01.628 IT DOESN'T MATTER WHAT THE POLITICAL LABEL IS. 41:01.628 --> 41:05.799 >> THE NEXT QUESTION IS FROM REBECCA BOONE. 41:05.799 --> 41:11.171 >> NUMBERS FROM EACH DISTRICT SHOW DISPARITIES IN THE AVERAGE 41:11.171 --> 41:15.008 LENGTH OF PROBATION AND SENTENCES ACROSS THE STATE FOR 41:15.008 --> 41:17.177 THE SAME TYPES OF CRIMES. 41:17.177 --> 41:20.547 THE AVERAGE LENGTH GIVEN IN DISTRICT 4 INCLUDING ADA COUNTY 41:20.547 --> 41:23.283 ARE ABOUT TWO YEARS LONGER THAN ELSEWHERE IN THE STATE. 41:23.283 --> 41:26.653 OBVIOUSLY IN YOUR ROLE IN THE LEGISLATURE YOU'RE DEEPLY 41:26.653 --> 41:29.089 FAMILIAR WITH WHAT LAWMAKERS HAVE BEEN DOING. 41:29.089 --> 41:33.259 I WOULD LIKE TO KNOW IF YOU THINK THE COURT SHOULD ADDRESS 41:33.259 --> 41:36.730 THESE SENTENCING DISPARITIES AND IF SO, HOW. 41:36.730 --> 41:37.097 >> THANK YOU. 41:37.097 --> 41:43.269 THE COURT HAS TO BE A PART OF THE SOLUTION TO ISSUES OF 41:43.269 --> 41:45.271 JUSTICE AND INCARCERATION IN OUR STATE. 41:45.271 --> 41:49.676 I WAS ONE OF THE CO-SPONSORS OF THE JUSTICE REINVESTMENT ACT. 41:49.676 --> 41:52.946 I SERVED ON THE PUBLIC DEFENSE REFORM COMMITTEE. 41:52.946 --> 41:58.051 BOTH OF THOSE ARE REFLECTIONS OF ISSUES THAT WE ARE SEEING AS A 41:58.051 --> 42:01.888 STATE RELATED TO INCARCERATION LEVELS AND THE REPRESENTATION 42:01.888 --> 42:04.791 THAT PEOPLE HAVE WHEN THEY GO THROUGH OUR COURT SYSTEM. 42:04.791 --> 42:09.696 I BELIEVE THE COURT HAS A VERY IMPORTANT ROLE WORKING WITH THE 42:09.696 --> 42:13.633 LEGISLATURE AND THE EXECUTIVE BRANCH AS WE IMPLEMENT THE 42:13.633 --> 42:17.871 JUSTICE REINVESTMENT ACT AND ALARGE -- A LARGE PART OF THAT 42:17.871 --> 42:25.345 ACT WAS TO MOVE PEOPLE TO SPROFS -- SUPERVISION IN THE COMMUNITY 42:25.345 --> 42:28.181 AWAY FROM INCARCERATION. 42:28.181 --> 42:33.820 RIGHT NOW THERE'S BEING RULES IMPLEMENTED TO PUT THAT INTO 42:33.820 --> 42:34.087 PLACE. 42:34.087 --> 42:38.024 I THINK IT'S GOING TO TAKE SOME TIME BEFORE WE DO THAT. 42:38.024 --> 42:41.528 GET THE FUNDING FOR DIFFERENT JURISDICTIONS FOR US TO HAVE 42:41.528 --> 42:41.928 THAT. 42:41.928 --> 42:46.032 BUT THE COURT HAS TO WORK WITH THE LEGISLATURE, MONITOR THE 42:46.032 --> 42:50.837 CASES, WORK WITH THE EXECUTIVE BRANCH TO MONITOR THE SENTENCES 42:50.837 --> 42:55.308 AND OUR COUNTIES TO MAKE SURE THAT SUPERVISION TOOLS ARE IN 42:55.308 --> 42:56.743 PLACE FOR THEM TO DO THAT. 42:56.743 --> 42:58.578 IT'S GOING TO BE A LONG PROCESS. 42:58.578 --> 43:03.316 BUT I'M GLAD THAT WE ARE LOOKING AT IT IN THAT WAY BECAUSE I 43:03.316 --> 43:06.786 THINK IT'S IMPORTANT FOR OUR COMMUNITIES TO DEAL WITH PEOPLE 43:06.786 --> 43:12.325 IN AN APPROPRIATE WAY TO NOT OVER-INCARCERATE IF WE CAN DO SO 43:12.325 --> 43:12.592 SAFELY. 43:12.592 --> 43:17.897 I THINK WE CAN IN MANY CIRCUMSTANCES. 43:17.897 --> 43:24.437 >> I THINK IT'S IMPORTANT THAT JUDGES IF YOU SEE A STATISTIC 43:24.437 --> 43:27.807 THAT SHOWS A GREAT VARIATION AMONG THE DISTRICTS IN THIS 43:27.807 --> 43:31.077 STATE I THINK IT'S INCREDIBLY IMPORTANT TO BRING IT TO THE 43:31.077 --> 43:33.013 ATTENTION OF THE JUDGES AND TO TALK ABOUT IT. 43:33.013 --> 43:34.547 FIGURE OUT WHY IS IT? 43:34.547 --> 43:36.983 WHAT'S HAPPENING WITHIN THE SYSTEM? 43:36.983 --> 43:39.085 I THINK YOU HAVE TO START THERE. 43:39.085 --> 43:39.452 WHY? 43:39.452 --> 43:41.287 WHY IS IT THAT THIS IS HAPPENING. 43:41.287 --> 43:46.092 FROM THERE YOU CAN ADDRESS WHAT IF ANYTHING NEEDS TO BE DONE 43:46.092 --> 43:47.293 ABOUT IT. 43:47.293 --> 43:51.197 >> ALL RIGHT, THE IN EX QUESTION COMES FROM BETSY RUSSELL. 43:51.197 --> 43:55.201 >> MRS. BRODY, YOU HAVE BEEN ENDORSED BY MANY HIGH PROFILE 43:55.201 --> 43:58.838 LAW ENFORCEMENT OFFICIALS INCLUDING EIGHT IDAHO SHERIFFS 43:58.838 --> 43:59.973 AND 18 PROSECUTORS. 43:59.973 --> 44:03.243 AS A JUSTICE ON THE SUPREME COURT HOW CAN YOU BE FAIR TO 44:03.243 --> 44:10.316 CITIZENS WHO HAVE DISPUTES AGAINST LAW ENFORCEMENT? 44:10.316 --> 44:11.051 >> [AUDIO NOT UNDERSTANDABLE] 44:11.051 --> 44:12.852 THERE'S A PLACE FOR IT. 44:12.852 --> 44:19.092 IT'S INCREDIBLY IMPORTANT THAT WE RECOGNIZE -- THAT EVERYONE AT 44:19.092 --> 44:22.896 THE END OF THE DAY IS ACCOUNTABLE FOR WHAT THEY DO. 44:22.896 --> 44:25.999 I BELIEVE AS A SUPREME COURT JUSTICE I UNDERSTAND HOLDING 44:25.999 --> 44:27.067 PEOPLE ACCOUNTABLE. 44:27.067 --> 44:29.436 NO MATTER WHAT THEIR AFFILIATION IS. 44:29.436 --> 44:33.440 AT THE END OF THE DAY, THAT IS WHAT IS IMPORTANT. 44:33.440 --> 44:38.545 >> SENATOR McKENZIE, THE FRATERNAL ORDER OF POLICE 44:38.545 --> 44:42.716 WITHDREW ITS ENDORSEMENT OF YOU BECAUSE YOU FILED A COUPLE OF 44:42.716 --> 44:47.020 UNSUCCESSFUL CIVIL LAWSUITS AGAINST LAW OFFICERS CHARGING 44:47.020 --> 44:51.024 EXCESSIVE FORCE INCLUDING A HIGH FILE CASE IN WHICH A SUSPECT WAS 44:51.024 --> 44:51.291 SHOT. 44:51.291 --> 44:54.561 AS A JUSTICE ON THE SUPREME COURT HOW CAN YOU BE FAIR TO LAW 44:54.561 --> 44:54.894 ENFORCEMENT? 44:54.894 --> 44:59.232 >> WHAT I WOULD SAY IS I'M PROUD OF THE ENDORSEMENTS THAT I HAVE 44:59.232 --> 45:02.869 AND MY FRIENDSHIP WITH OUR FIRST RESPONDERS. 45:02.869 --> 45:06.773 BUT THERE'S NO ENDORSEMENT THAT IS WORTH MORE TO ME THAN THE 45:06.773 --> 45:09.609 CONSTITUTIONAL RIGHT OF ONE IDAHOAN. 45:09.609 --> 45:15.148 AS A STATE SENATOR, I CARRIED THE MOST SIGNIFICANT BILLS ON 45:15.148 --> 45:17.617 BEHALF OF THE FRATERNAL ORDER OF POLICE. 45:17.617 --> 45:21.621 I CARRIED THE PEACE OFFICERS TEMPORARY DISABILITY BILL TO 45:21.621 --> 45:24.858 ENSURE THAT THEIR SALARY AND BENEFITS CONTINUED DURING 45:24.858 --> 45:26.693 PERIODS OF TEMPORARY DISABILITY. 45:26.693 --> 45:31.631 I CARRIED A BILL TO PROTECT THEIR IDENTITIES WHEN THEY ARE 45:31.631 --> 45:32.899 SUED IN COURT. 45:32.899 --> 45:38.438 I WORKED CLOSELY WITH THE FOP TO SET UP THE INTERNET CRIMES 45:38.438 --> 45:41.908 AGAINST CHILDREN UNIT IN THE ATTORNEY'S OFFICE AND EVEN THIS 45:41.908 --> 45:47.981 SESSION WORKING WITH SENATOR KEOGHAND SPEAKER -- 45:47.981 --> 45:50.817 [AUDIO NOT UNDERSTANDABLE] TO ENSURE THAT THAT REMAINS AN 45:50.817 --> 45:51.618 INVESTIGATIVE UNIT. 45:51.618 --> 45:57.123 I HAVE ON MY SENATE CALL MY PLAQUE AS THE FOP SENATOR OF THE 45:57.123 --> 46:02.562 YEAR NEXT TO THE PLAQUE OF THE FIREFIGHTERS SENATOR OF THE 46:02.562 --> 46:02.762 YEAR. 46:02.762 --> 46:05.699 I'M PROUD OF THE FRIENDSHIPS THAT I HAVE THERE. 46:05.699 --> 46:10.203 BUT I ALSO BELIEVE THAT THE CONSTITUTION PROTECTS THE RIGHTS 46:10.203 --> 46:11.604 OF EVERY IDAHOAN. 46:11.604 --> 46:16.509 SO THE CASE THAT YOU MENTIONED, SOMEONE SHOT DURING ARREST, I 46:16.509 --> 46:21.247 HAD A CASE WHERE SOMEONE HAD THEIR CLAVICLE BROKEN DURING 46:21.247 --> 46:23.983 SERVICE OF A MISDEMEANOR WARRANT. 46:23.983 --> 46:28.888 THEN I HAD A CASE WHERE A TEENAGE BOY WAS GROOMED AND 46:28.888 --> 46:32.692 DRUGGED AND SEXUALLY MOLESTED BY A SCHOOL RESOURCE OFFICER. 46:32.692 --> 46:36.696 THEY DESERVE TO HAVE THEIR CONSTITUTIONAL RIGHTS PROTECTED. 46:36.696 --> 46:43.169 I UNDERSTAND AND I RESPECT THE FOP PROTECTION OF ITS OWN AND TO 46:43.169 --> 46:45.005 STAND UP FOR ITS MEMBERS. 46:45.005 --> 46:47.974 THEY SHOULD DO THAT, BUT I HAVE A DIFFERENT JOB. 46:47.974 --> 46:52.078 MY JOB IS TO STAND UP FOR THE CONSTITUTION REGARDLESS OF MY 46:52.078 --> 46:54.814 FRIENDSHIP OR MY PREFERENCES. 46:54.814 --> 46:56.716 >> DO YOU WANT TO RESPOND? 46:56.716 --> 46:57.450 >> I DO. 46:57.450 --> 47:00.320 YOU KNOW, I AGREE THAT PROTECTING SOMEONE'S 47:00.320 --> 47:03.690 CONSTITUTIONAL RIGHTS IS INCREDIBLY, INCREDIBLY 47:03.690 --> 47:04.024 IMPORTANT. 47:04.024 --> 47:06.292 I'LL BE THE FIRST TO STAND UP TO DO THAT. 47:06.292 --> 47:11.231 BUT I'LL TELL YOU, AS LAWYERS WHEN WE HAVE KEYS TO THE 47:11.231 --> 47:15.869 COURTHOUSE, YOU HAVE TO USE IMPECCABLE JUDGMENT. 47:15.869 --> 47:18.938 YOU HAVE TO KNOW WHAT CASES TO FILE. 47:18.938 --> 47:21.875 YOU HAVE TO KNOW WHAT CASES NOT TO FILE. 47:21.875 --> 47:29.616 YOU HAVE TO USE INCREDIBLE, INCREDIBLE JUDGMENT BECAUSE 47:29.616 --> 47:31.251 THERE ARE CONSEQUENCES. 47:31.251 --> 47:35.422 WHEN CASES GET BROUGHT THAT DON'T OR SHOULD NOT HAVE BEEN 47:35.422 --> 47:39.993 BROUGHT, IT MAKES IT SO DIFFICULT FOR THE NEXT PERSON 47:39.993 --> 47:46.166 WHO NEEDS TO BRING THAT CASE TO GET JUSTICE. 47:46.166 --> 47:51.438 THAT'S I BELIEVE WHY THE FOP REVOKED THEIR ENDORSEMENT. 47:51.438 --> 47:53.440 >> SENATOR McKENZIE? 47:53.440 --> 47:59.045 >> YES, THE CASE THAT MRS. BRODY IS TALKING ABOUT I ONLY GOT 47:59.045 --> 48:01.848 INVOLVED AFTER IT HAD GONE THROUGH SUMMARY JUDGMENT BEFORE 48:01.848 --> 48:07.387 A FEDERAL JUDGE, WHICH IS WHERE A JUDGE LOOKS AT THE FACTS OF A 48:07.387 --> 48:11.491 CASE AND DETERMINES THAT IT IS APPROPRIATE TO GO BEFORE A JURY. 48:11.491 --> 48:14.761 THAT'S WHEN I GOT INVOLVED IN THAT CASE. 48:14.761 --> 48:19.032 THOSE KIND OF ISSUES NEED TO BE RESOLVED IN OUR COURT SYSTEMS 48:19.032 --> 48:21.034 RATHER THAN OTHER PLACES. 48:21.034 --> 48:21.968 >> THANK YOU, SENATOR. 48:21.968 --> 48:23.703 WE HAVE TO MOVE ON. 48:23.703 --> 48:26.773 REBECCA BOONE HAS A QUESTION. 48:26.773 --> 48:30.310 >> MRS. BRODY, THE COURTS ARE CURRENTLY FUNDED IN LARGE PART 48:30.310 --> 48:33.413 BY FEES FOR CRIMINAL AND CIVIL CASES. 48:33.413 --> 48:37.317 BUT THE FUNDING STREAM ISN'T STABLE AND CIVIL FILINGS HAVE 48:37.317 --> 48:38.785 DROPPED PARTICULARLY. 48:38.785 --> 48:41.688 SO THE FUNDING HAS DROPPED. 48:41.688 --> 48:44.991 AS A MEMBER OF THE IDAHO SUPREME COURT IF ELECTED WHAT STEPS 48:44.991 --> 48:49.896 WOULD YOU PURSUE TO ADDRESS THE DECLINING FEE FUNDING AND ENSURE 48:49.896 --> 48:51.498 ADEQUATE BUDGETS FOR IDAHO COURTS? 48:51.498 --> 48:53.066 >> GOT TO WORK WITH THE LEGISLATURE. 48:53.066 --> 48:56.803 AT THE END OF THE DAY, THEY MAKE THOSE DECISIONS. 48:56.803 --> 49:01.374 WHAT I DON'T WANT TO SEE US DO, I DON'T WANT TO SEE US RAISE 49:01.374 --> 49:01.641 FEES. 49:01.641 --> 49:05.845 BECAUSE I THINK IT CREATES PROBLEMS WITH ACCESS TO THE 49:05.845 --> 49:06.112 COURT. 49:06.112 --> 49:10.116 AT THE END OF THE DAY WE HAVE TO GO -- GOT TO ENSURE AND THE 49:10.116 --> 49:14.387 LEGISLATURE IS A PART OF THAT, ENSURING THAT WE HAVE A COURT 49:14.387 --> 49:18.224 SYSTEM THAT IS FULLY AND ADEQUATELY FUNDED SO WE CAN TAKE 49:18.224 --> 49:22.662 CARE OF IDAHO'S JUDICIAL NEEDS. 49:22.662 --> 49:26.566 >> THE COURTS DO HAVE SOME SIGNIFICANT DISCRETION, THOUGH, 49:26.566 --> 49:33.039 OVER SUGGESTING WHAT FEES WOULD BE APPROPRIATE, WHEN THEY SHOULD 49:33.039 --> 49:33.973 BE IMPLEMENTED. 49:33.973 --> 49:38.778 SOME CRITICS SAY PARTICULARLY THE CRIMINAL FEES AND FAMILY LAW 49:38.778 --> 49:43.583 RELATED FILING FEES ACTUALLY PUT THE BURDEN ON SOME OF IDAHO'S 49:43.583 --> 49:44.884 MOST VULNERABLE CITIZENS. 49:44.884 --> 49:49.356 IN THOSE SITTINGSES SHOULD THERE BE ANOTHER REVENUE STREAM? 49:49.356 --> 49:54.794 >> WELL, I CERTAINLY CAN'T ARGUE WITH THE IDEA THAT THOSE FEES 49:54.794 --> 49:56.629 PUT A BURDEN ON PEOPLE. 49:56.629 --> 49:58.431 HAVE SEEN IT IN MY OWN PRACTICE. 49:58.431 --> 50:02.502 I HAVE HAD TO FILE PAPERWORK TO TRY TO GET FEES WAIVED BUT IT'S 50:02.502 --> 50:03.236 DIFFICULT TO DO. 50:03.236 --> 50:06.506 I WOULD LOVE TO SEE AN ALTERNATIVE, BUT YOU KNOW, THE 50:06.506 --> 50:10.543 REALTY IS IN A STATE LIKE IDAHO YOU HAVE TO WORK CLOSELY WITH 50:10.543 --> 50:11.378 THE LEGISLATURE. 50:11.378 --> 50:16.449 YOU HAVE TO WORK CLOSELY WITH COUNTIES TO MAKE SURE THAT 50:16.449 --> 50:22.288 YOU'RE MAXIMIZING THE RESOURCES THAT YOU'VE GOT AND MAKING THE 50:22.288 --> 50:23.456 BEST DECISIONS POSSIBLE. 50:23.456 --> 50:26.359 THERE'S NOT AN EASY ANSWER TO THE FUNDING PROBLEM. 50:26.359 --> 50:30.997 >> SENATOR McKENZIE, THE STRUGGLE TO FUND THE COURTS, 50:30.997 --> 50:32.899 WHAT DO YOU THINK NEEDS TO BE DONE? 50:32.899 --> 50:42.008 >> WELL, I HAVE WORKED WITH THE COURT LOBBYIST ON A NUMBER OF -- 50:42.008 --> 50:46.012 PUTTING OUR SENIOR JUDGE PROGRAM IN PLACE TO UTILIZE JUDGES WHO 50:46.012 --> 50:48.148 HAD RETIRED BACK IN OUR COURT SYSTEM. 50:48.148 --> 50:52.952 I HAVE WORKED ON OTHER THINGS I TALK ABOUT THE FOP BILL, THESE 50:52.952 --> 50:56.122 THINGS OFTEN GET PUT ON TO FEES AND COSTS. 50:56.122 --> 50:59.325 AS YOU SAY IN CRIMINAL CONTEXT SOMETIMES THEY DON'T GET PAID. 50:59.325 --> 51:02.495 IF A PERSON IS SENT TO PRISON, DOESN'T GET PAID. 51:02.495 --> 51:08.234 IN A CIVIL CONTEST IT CAN BE VERY, VERY EXPENSIVE AND WE'RE 51:08.234 --> 51:08.868 HAVING FEWER FILINGS. 51:08.868 --> 51:13.239 THIS IS AN ONGOING ISSUE THAT THE COURT, THE LEGISLATURE, AND 51:13.239 --> 51:17.610 THE COUNTY BECAUSE THEY ARE INVOLVED IN THE PUBLIC DEFENSE 51:17.610 --> 51:19.546 SYSTEM SO HEAVILY HAVE TO RESOLVE. 51:19.546 --> 51:23.350 I THINK THE FEES AND COSTS ARE GOING TO BE A COMPONENT BUT YOU 51:23.350 --> 51:26.920 CANNOT KEEP ADDING TO THOSE TO PAY FOR THE SYSTEM. 51:26.920 --> 51:30.390 SO IT'S SOMETHING WE HAVE TO LOOK AT AND ALL THREE BRANCH 51:30.390 --> 51:33.893 VERSUS TO WORK TOGETHER TO MAKE SURE OUR COURTS ARE ACCESSIBLE 51:33.893 --> 51:38.832 BUT WE'RE PAYING FOR THINGS WE NEED TO PAY FOR. 51:38.832 --> 51:42.569 >> MRS. BROAD YOU, BOTH YOUR PRACTICES RESIDE IN AREAS WHERE 51:42.569 --> 51:47.307 THE NEW ODYSSEY SYSTEM, PAPERLESS SYSTEM, HAS BEEN 51:47.307 --> 51:49.042 ROLLING OUT FOR OUR COURTS. 51:49.042 --> 51:52.846 WHAT HAS YOUR EXPERIENCE BEEN AENED WHAT WOULD YOU CHANGE 51:52.846 --> 51:53.680 MOVING FORWARD? 51:53.680 --> 51:55.315 >> I LOVE ELECTRONIC FILING. 51:55.315 --> 51:59.619 I HAVE BEEN PRACTICING PRIMARILY IN THE WATER COURTS OVER THE 51:59.619 --> 52:02.222 LAST FIVE YEARS AND I'M SPOLD ROTTEN. 52:02.222 --> 52:02.889 I LOVE IT. 52:02.889 --> 52:04.424 IT MAKES LIFE A LOT EASIER. 52:04.424 --> 52:05.892 >> SAME QUESTION, SENATOR. 52:05.892 --> 52:10.997 >> I HAVE UTILIZED IT MOSTLY IN THE FEDERAL COURT SYSTEM WHERE 52:10.997 --> 52:14.434 IT'S ALL ELECTRONIC FILING. 52:14.434 --> 52:16.870 ADA COUNTY IS JUST STARTING IT THERE. 52:16.870 --> 52:20.640 I DO THINK IT'S AN IMPORTANT TOOL TO GAIN ACCESS TO THE COURT 52:20.640 --> 52:23.376 RECORDS ARE MORE ACCESSIBLE TO PEOPLE. 52:23.376 --> 52:26.646 IT'S EASIER TO FILE ONCE YOU FIGURE OUT THE SYSTEM. 52:26.646 --> 52:31.818 AND THE NOTICES THAT GO OUT ARE EASIER FOR THE ATTORNEYS TO 52:31.818 --> 52:34.354 FOLLOW AND FIND OUT WHEN THEIR DEADLINES ARE. 52:34.354 --> 52:37.023 IT'S AN IMPORTANT PROCESS THAT WE'RE JUST STARTING TO IMPLEMENT 52:37.023 --> 52:38.091 IN IDAHO. 52:38.091 --> 52:41.461 I'M VERY FAMILIAR WITH IT FROM HAVING PRACTICED IN FEDERAL 52:41.461 --> 52:44.297 COURT AND I'M GLAD TO SEE WE'RE DOING IT AT THE STATE LEVEL. 52:44.297 --> 52:48.301 WE'RE GOING TO CONTINUE TO EXPAND THAT THROUGHOUT THE 52:48.301 --> 52:48.535 STATE. 52:48.535 --> 52:52.939 >> MRS. BRODY, PART OF ONE OF THE AIMS OF THE NEW SYSTEM IS TO 52:52.939 --> 52:56.743 MAKE COURT DOCUMENTS MORE WIDELY AVAILABLE TO PEOPLE ALL 52:56.743 --> 53:00.146 THROUGHOUT THE STATE AS THEY HAVE BEEN IN FEDERAL COURT 53:00.146 --> 53:01.348 ALTHOUGH WE'RE NOT THERE YET. 53:01.348 --> 53:04.951 HOW DO YOU VIEW THAT KIND OF TRANSPARENCY AND WHAT SHOULD WE 53:04.951 --> 53:07.954 BE DOING AS FAR AS TRANSPARENCY IN OUR COURTS? 53:07.954 --> 53:11.424 >> I THINK IT'S INCREDIBLY IMPORTANT THAT PEOPLE HAVE 53:11.424 --> 53:12.892 ACCESS TO THE DOCUMENTS THEMSELVES. 53:12.892 --> 53:16.696 I HAVE HAD CONVERSATIONS WITH STEVE KENYAN, THE COURT CLERK, 53:16.696 --> 53:19.499 ABOUT THE ODYSSEY SYSTEM AND ABOUT WHEN THE COURT WILL BE 53:19.499 --> 53:22.602 MOVING TO ACTUALLY MAKING THOSE DOCUMENTS AVAILABLE. 53:22.602 --> 53:27.974 RIGHT NOW OF COURSE THE COURT IS GETTING ALL OF THE FILINGS 53:27.974 --> 53:31.244 ACTUALLY TAKING PLACE ONLINE AND ONCE THAT IS UP AND ROLLING I 53:31.244 --> 53:34.814 KNOW THE COURT WILL BE WRESTLING WITH THE ISSUE HOW DO WE BEST 53:34.814 --> 53:38.084 DELIVER ACTUAL ACCESS TO THE DOCUMENTS THEMSELVES AND I'M 53:38.084 --> 53:41.087 EXCITED TO BE A PART OF THAT DISCUSSION. 53:41.087 --> 53:43.556 I'M A PACER USER MYSELF. 53:43.556 --> 53:45.091 THAT'S THE FEDERAL FILING SYSTEM. 53:45.091 --> 53:48.762 I WOULD LOVE TO PLAY A ROLE IN MAKING SOME OF THOSE DECISIONS. 53:48.762 --> 53:52.132 >> SENATOR McKENZIE, HOW TRANSPARENT SHOULD OUR COURT 53:52.132 --> 53:53.400 SYSTEM BE? 53:53.400 --> 53:56.469 HOW EASY SHOULD IT BE TO GET THOSE RECORDS FOR PEOPLE ACROSS 53:56.469 --> 53:58.405 THE STATE? 53:58.405 --> 54:02.942 >> IN PUBLICLY FILED CASES WHERE THEY ARE NOT UNDER SEAL, THEY 54:02.942 --> 54:05.412 SHOULD BE VERY ACCESSIBLE TO THE PEOPLE. 54:05.412 --> 54:07.981 HERE IN IDAHO WE'RE USED TO A SYSTEM THAT'S LIKE THAT BECAUSE 54:07.981 --> 54:11.685 OF THE FEDERAL COURT SYSTEM WHERE IT'S VERY EASY TO GET 54:11.685 --> 54:17.590 COPIES OF DOCUMENTS OFF THE PACER SYSTEM IN PDF FORMS. 54:17.590 --> 54:21.161 THAT'S A VERY USEFUL THING AND I'M GLAD TO SEE IN IDAHO WE'RE 54:21.161 --> 54:26.099 TART TOKING DO IN THAT -- STARTING TO GO IN THAT DIRECTION 54:26.099 --> 54:29.235 AND MAKE THOSE RECORDS ACCESSIBLE TO EVERYONE. 54:29.235 --> 54:31.871 >> ONE LAST QUESTION. 54:31.871 --> 54:35.542 JUSTICES ARE APPOINTED BY THE PRESIDENT AND APPROVED BY THE 54:35.542 --> 54:35.909 SENATE. 54:35.909 --> 54:40.513 SHOULD THE DECISION BE LEFT TO VOTERS? 54:40.513 --> 54:43.650 >> YOU KNOW, I'LL TAKE MY CHANCES WITH THE IDAHO VOTERS 54:43.650 --> 54:46.720 EVERY DAY OF THE WEEK. 54:46.720 --> 54:47.454 >> SENATOR? 54:47.454 --> 54:50.724 >> I BELIEVE WE HAVE THE RIGHT PROCESS FOR IDAHO. 54:50.724 --> 54:53.560 WE HAVE SEEN HOW POLITICAL THAT APPOINTMENT CAN BE AT THE 54:53.560 --> 54:54.928 FEDERAL LEVEL. 54:54.928 --> 54:58.932 I TRUST THE PEOPLE OF IDAHO TO MAKE THE RIGHT CHOICE FOR IDAHO. 54:58.932 --> 54:59.699 >> OKAY. 54:59.699 --> 55:02.502 THAT'S ABOUT ALL THE TIME WE HAVE FOR QUESTIONS. 55:02.502 --> 55:03.570 THAT WAS FUN. 55:03.570 --> 55:05.672 WE DIDN'T EVEN HAVE ANY LAWYER JOKES. 55:05.672 --> 55:07.240 THAT WAS GREAT. 55:07.240 --> 55:09.676 IT IS TIME FOR CLOSING STATEMENTS. 55:09.676 --> 55:11.978 SENATOR McKENZIE, YOU WON THE COIN TOSS. 55:11.978 --> 55:13.046 YOU GO FIRST. 55:13.046 --> 55:13.413 >> THANK YOU. 55:13.413 --> 55:17.250 AGAIN I WANT TO THANK OUR HOST FOR HAVING US HERE FOR EACH OF 55:17.250 --> 55:19.419 YOU WHO HAVE WATCHED THIS. 55:19.419 --> 55:25.492 I BELIEVE THAT THE BACKGROUND THAT I HAVE IN THE LEGISLATURE 55:25.492 --> 55:30.497 HAS GIVEN ME A KNOWLEDGE OF SEPARATION OF POWERS, IMPORTANT 55:30.497 --> 55:32.332 FOR SOMEONE TO HAVE ON THE COURT. 55:32.332 --> 55:35.268 IN IDAHO WE HAVE A LONG TRADITION OF THOSE HAVING SERVED 55:35.268 --> 55:38.972 IN ELECTED OFFICE ALSO BEING ON OUR COURT. 55:38.972 --> 55:43.343 IT'S AN IMPORTANT ROLE FOR A JUSTICE TO HAVE TO UNDERSTAND 55:43.343 --> 55:49.716 THAT THEIR ROLE IS FUNDAMENTALLY DIFFERENT THAN SETTING POLICY IN 55:49.716 --> 55:50.917 THE LEGISLATIVE BRANCH. 55:50.917 --> 55:55.021 I HAVE A STRONG ACADEMIC BACKGROUND, STARTED IN IDAHO, 55:55.021 --> 55:58.458 WAS AT GEORGETOWN WHERE I MET JUSTICE SCALIA. 55:58.458 --> 56:01.394 I STARTED TO UNDERSTAND THE PHILOSOPHY THAT HE APPLIES TO 56:01.394 --> 56:05.865 CONSTITUTIONAL CASES WHICH I BELIEVE NOT ONLY APPLIES TO THE 56:05.865 --> 56:08.468 CONSTITUTION BUT EVERY ISSUE THAT COMES BEFORE THE COURT. 56:08.468 --> 56:12.772 THERE SHOULD BE PREDICTABILITY UNDER THE RULE OF LAW AND I WILL 56:12.772 --> 56:14.607 PROTECT THAT FOR ALL IDAHOANS. 56:14.607 --> 56:15.775 THANK YOU VERY MUCH. 56:15.775 --> 56:17.510 >> THANK YOU SENATOR McKENZIE. 56:17.510 --> 56:18.678 MRS. BRODY. 56:18.678 --> 56:24.517 >> YOU KNOW, I HAVE PUT TOGETHER A COUNTY BY COUNTY ORGANIZATION 56:24.517 --> 56:27.253 TO HELP ME RUN THIS RACE. 56:27.253 --> 56:31.891 WHEN YOU LOOK AT THAT LIST, THERE ARE DEMOCRATS, 56:31.891 --> 56:34.994 REPUBLICANS, INDEPENDENTS, TEA PARTIERS. 56:34.994 --> 56:38.431 THERE ARE MEN, THERE ARE WOMEN, THERE ARE YOUNG, THERE ARE OLD, 56:38.431 --> 56:40.900 THERE ARE BLUE COLOR, THERE ARE PROFESSIONALS. 56:40.900 --> 56:41.868 THERE ARE TEACHERS. 56:41.868 --> 56:46.506 I AM SO PROUD OF THE BROAD SUPPORT THAT THE PEOPLE OF THE 56:46.506 --> 56:49.642 STATE OF IDAHO HAVE GIVEN TO ME. 56:49.642 --> 56:54.280 IT'S THE BEST PART OF THIS RACE BY FAR. 56:54.280 --> 57:00.286 THE ISSUE THAT WE HAVE HERE IS ONE SIMPLY OF EXPERIENCE. 57:00.286 --> 57:01.755 EXPERIENCE MATTERS. 57:01.755 --> 57:05.492 BECAUSE AT THE HEART OF EXPERIENCE, THAT'S WHAT CREATES 57:05.492 --> 57:07.660 GOOD JUDGMENT. 57:07.660 --> 57:13.133 HAVING THE BROAD BACKGROUND AND THE DEPTH IS INCREDIBLY 57:13.133 --> 57:13.466 IMPORTANT. 57:13.466 --> 57:16.036 MEETING JUSTICE SCALIA IS AN INSPIRATION. 57:16.036 --> 57:19.139 BUT IT'S NOT A QUALIFICATION FOR THIS JOB. 57:19.139 --> 57:23.977 I'M THE PERSON WHO IS THE RIGHT PERSON FOR THE IDAHO SUPREME 57:23.977 --> 57:24.678 COURT. 57:24.678 --> 57:28.481 >> ALL RIGHT, THANK YOU TO BOTH OF OUR CANDIDATES. 57:28.481 --> 57:30.784 THAT'S ALL THE TIME WE HAVE FOR TONIGHT. 57:30.784 --> 57:38.158 SENATOR McKENZIE, ROBYN BRODY, THANKO TO OUR PANELISTS. 57:38.158 --> 57:41.161 REMEMBER THE ELECTION IS NOVEMBER 8th AND YOU CAN VOTE 57:41.161 --> 57:43.163 EARLY THROUGH NOVEMBER 4th. 57:43.163 --> 57:46.166 FOR MORE INFORMATION ON VOTING INCLUDING HOW TO REGISTER AND 57:46.166 --> 57:49.736 WHERE TO FIND YOUR POLLING PLACE CALL YOUR COUNTY CLERK'S OFFICE 57:49.736 --> 57:52.339 OR VISIT IDAHOVOTES.ORG. 57:52.339 --> 57:53.340 THANKS FOR WATCHING. 57:53.340 --> 57:53.640 GOODNIGHT. 57:53.640 --> 58:03.116 WE'LL SEE YOU AT THE POLLS.