Judge Denies Treasurer’s Motion to Appeal Lawsuit

The Idaho House Republican Caucus is again applauding a Judge’s decision against the State Treasurer.

“This is yet another ruling that the Treasurer’s repeated efforts to dismiss our claims are futile,” said Speaker of the House Scott Bedke. “We continue to hope that she realizes her errors, starts following state law, and stops wasting everyone’s time and energy.”

Last night, Judge Nancy Baskin ruled that Treasurer Julie Ellsworth should not appeal the Judge’s previous ruling against the Treasurer. That ruling denied the Treasurer’s motion to dismiss the lawsuit. In last night’s ruling, Judge Baskin concluded that an appeal by the Treasurer of the Judge’s December ruling now, in the middle of the case, “would not materially advance the resolution of the litigation.”  The Judge also ruled that the factual record is not fully developed to justify an appeal now and that several arguments raised by the Treasurer are simply too weak to justify an appeal.

Speaker Bedke and President Pro Tem Brent Hill were forced to file the complaint in June after State Treasurer Julie Ellsworth refused to follow state law. That 2007 law precluded the Treasurer from deciding what is done with the first floor of the State Capitol. The Treasurer’s office is on the first floor.

The Legislature has even offered to allow the Treasurer to stay in her suite with some of her staff. She demands more, even though she, like most other Constitutional Officers in Idaho, already has staff in many other locations.