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Idaho Attorney General's Annual Report Certificates of Review

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Idaho Attorney General's Annual Report Certificates of Review IDAHO ATTORNEY GENERAL’S ANNUAL REPORT CERTIFICATES OF REVIEW AND SELECTED ADVISORY LETTERS FOR THE YEAR 2020 Lawrence G. Wasden Attorney General Printed by The Caxton Printers, Ltd. Caldwell, Idaho This volume should be cited as: 2020 Idaho Att’y Gen. Ann. Rpt. Thus, the Certificate of Review of November 17, 2020 is found at: 2020 Idaho Att’y Gen. Ann. Rpt. 5 The Advisory Letter of January 8, 2020 is found at: 2020 Idaho Att’y Gen. Ann. Rpt. 29 ii CONTENTS Roster of Attorneys General of Idaho .................................................. v Introduction .........................................................................................vii Roster of Staff of the Attorney General ................................................ 1 Organizational Chart of the Office of the Attorney General ................. 2 Certificates of Review – 2020 .............................................................. 5 Topic Index to Certificates of Review ..................................... 25 Table of Statutes Cited ........................................................... 26 Selected Advisory Letters – 2020 ...................................................... 29 Topic Index to Selected Advisory Letters ............................. 237 Table of Statutes Cited ......................................................... 253 iii ATTORNEYS GENERALS OF IDAHO GEORGE H. ROBERTS ...................................................... 1891-1892 GEORGE M. PARSONS ...................................................... 1893-1896 ROBERT McFARLAND ....................................................... 1897-1898 S. H. HAYS .......................................................................... 1899-1900 FRANK MARTIN .................................................................. 1901-1902 JOHN A. BAGLEY ............................................................... 1903-1904 JOHN GUHEEN ................................................................... 1905-1908 D. C. McDOUGALL .............................................................. 1909-1912 JOSEPH H. PETERSON ..................................................... 1913-1916 T. A. WALTERS ................................................................... 1917-1918 ROY L. BLACK .................................................................... 1919-1922 A. H. CONNER .................................................................... 1923-1926 FRANK L. STEPHAN ........................................................... 1927-1928 W. D. GILLIS ........................................................................ 1929-1930 FRED J. BABCOCK ............................................................. 1931-1932 BERT H. MILLER ................................................................. 1933-1936 J. W. TAYLOR ..................................................................... 1937-1940 BERT H. MILLER ................................................................. 1941-1944 FRANK LANGLEY ............................................................... 1945-1946 ROBERT AILSHIE (Deceased November 16) ..................... 1947 ROBERT E. SMYLIE (Appointed November 24) ................. 1947-1954 GRAYDON W. SMITH ......................................................... 1955-1958 FRANK L. BENSON............................................................. 1959-1962 ALLAN B. SHEPARD ........................................................... 1963-1968 ROBERT M. ROBSON ........................................................ 1969-1970 W. ANTHONY PARK ........................................................... 1971-1974 WAYNE L. KIDWELL ........................................................... 1975-1978 DAVID H. LEROY ................................................................ 1979-1982 JIM JONES .......................................................................... 1983-1990 LARRY ECHOHAWK ........................................................... 1991-1994 ALAN G. LANCE .................................................................. 1995-2002 LAWRENCE G. WASDEN ................................................... 2003 v Lawrence G. Wasden Attorney General INTRODUCTION Dear Fellow Idahoan: I once again welcome the opportunity to share with you, as citizens and elected officials, my office’s most significant achievements over the past year. 2020 will be remembered as a year in which COVID-19 affected nearly all aspects of our lives. Despite the challenges the pandemic presented, my office continued to provide critical legal services to help Idaho state government function successfully. I’m especially proud of the attorneys and staff in my office and the commitment they showed during a difficult time. 2020 Highlights from the Consumer Protection Division include $1.4 million in obtained consumer restitution. The Division also negotiated $1.5 million in consumer redress from three Idaho gas retailers following a price gouging investigation. Consumer Protection attorneys also continue to litigate cases stemming from the 1998 Tobacco Master Settlement Agreement, which continues to result in annual payments to the state. To date, Idaho’s payments total more than a half billion dollars. Civil Litigation attorneys successfully defended Idaho’s initiative process before the United States Supreme Court. They also worked closely with the Idaho Department of Correction to obtain a federal district court decision terminating a class action brought by inmates against the Department 39 years ago. Attorneys in the Natural Resources Division continued to protect Idaho’s sovereignty against encroachment by the federal government under the Endangered Species Act. They prevailed in two cases which will help ensure that Idaho is allowed to manage elk and grizzly bears. They continued to support the Legislature and Governor in cases involving salmon and sage grouse to protect Idahoans from onerous federal mandates. The Idaho Internet Crimes Against Children (ICAC) Unit’s tremendously important work continued. In 2020, ICAC saw a 55-percent increase in the number of opened cases, an 86-percent increase in the number of cyber tips received and a 68-percent increase in the number of arrests made. vii Finally, 2020 was my 18th year in office. As has been a trademark of my tenure, I once again conducted my office’s business with this important philosophy at the forefront: to provide accurate and objective legal advice that defends Idaho’s laws and sovereignty, while adhering to the Rule of Law. My office will continue to represent Idaho’s legal interests in this manner throughout my tenure as Attorney General. I encourage everyone to visit my website at http://www.ag.idaho.gov to learn more about the office, the work being done and the resources available for consumers and other legal matters. Thank you for your interest in Idaho’s legal affairs. LAWRENCE G. WASDEN Attorney General viii ANNUAL REPORT OF THE ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN ATTORNEY GENERAL 2020 STAFF ROSTER ADMINISTRATION Sherman Furey III Brian Kane Janet Carter Kimi White Kara Holcomb Chief Deputy Assistant Chief Deputy Executive Assistant Paralegal Receptionist/Secretary DIVISION CHIEFS Tara Orr / Robyn Lockett, Administration & Budget Andrew Snook, Contracts & Administrative Law Steven Olsen, Civil Litigation Colleen Zahn, Criminal Law Brett DeLange, Consumer Protection Nicole McKay, Health & Human Services Darrell Early, Natural Resources DEPUTY ATTORNEYS GENERAL Robert Adelson Douglas Fleenor Amber Kauffman David Morse Phil Skinner Lawrence Allen Robert Follett Angela Kaufmann Stephanie Nemore John Spalding LaMont Anderson Kristina Fugate John Keenan Charina Newell Steven Strack James Baird Kale Gans Scott Keim Brian Nicholas Lincoln Strawhun Garrick Baxter Kathryn Garrett Chelsea Kidney Nathan Nielson Floyd Swanton Jr Robert Berry Cheryl George Brent King Jeffery Nye Timothy Thomas Rondee Blessing Richard Grisel Oscar Klaas Lisa O’Hara Kathleen Trever Ali Breshears Stephanie Guyon Karl Klein John Olson Joy Vega Dallas Burkhalter Tiffany Hales Rachel Kolts Mark Olson Ann Vonde Jessica Cafferty Susan Hamlin Chris Kronberg Rebecca Ophus Andrew Wake Lisa Carlson John Hammond Jr Mark Kubinski Michael Orr Nicholas Warden Meghan Carter Dayn Hardie Jessica Kuehn Edith Pacillo Adam Warr Mark Cecchini-Beaver Richard Hart Megan Larrondo Justin Porter Julie Weaver Jason Chandler Leslie Hayes Amy Long Cheryl Rambo Logan Weis Shantel Chapple Knowlton Stephen Herring Gary Luke Kolby Reddish Jennifer Wendel Brian Church Jane Hochberg Emily Mac Master Dayton Reed Douglas Werth Sean Costello Renee Hollander-Vogelpohl Karin Magnelli Kenneth Robins Teri Whilden Marc Crecelius Spencer Holm Elisa Magnuson Denise Rosen Mark Withers Timothy Davis Daphne Huang Jenifer Marcus Nicole Schafer Michael Witry Patrick Denton Matthew Hunter John McKinney Kristina Schindele Cynthia Yee-Wallace Katylyn DeVries Blair Jaynes Loren Messerly Paul Schlegel David Young Adam Dingeldein Edward Jewell Kerry Michaelson John Shackelford Hannah Young Thomas Donovan Kacey Jones Madison Miles Erick Shaner Jeremy Younggren Merritt Dublin Kenneth Jorgensen Alana Minton Karen Sheehan Scott Zanzig Owen Moroney INVESTIGATORS Ken Boals Chris DeLoria Chris Hardin Gregg Lockwood Tamara Pittz Amanda Burgoyne Nicholas Edwards David Holt Chris McCormick Robert Solito Mark Dalton Tami Faulhaber Asmir Kararic Dana Miller Michael Steen Arena Dawson William Hanley Ashley Klenski Jeffrey Peterson Tyler Teuscher Eric Lewis PARALEGALS Mandy Ary
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