DOCSLIB.ORG

Annual Report of the Attorney General 1986

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Annual Report of the Attorney General 1986 IDAHO ATTORNEY GENERACS ANNUAL REPORT OPINIONS AND SELECTED INFORMAL GUIDELINES FOR THE YEAR 1986 J�m Jones Attorney General Printed by The Caxton Printers, Ltd. Caldwell, Idaho CONTENTS Roster of Attorneys General of Idaho . v l11troduction . vii Roster of Staff of the Attorney General . I Organizational Chart of the Office of the Attorney General . 2 Official Opinions·- 1986 . 3 Topic Index to Opinions . 95 Table of Statutes Cited . 99 Selected Informal Guidelines-1986 . 103 Topic Index to Selected Informal Guidelines . 205 Table of Statutes Cited . 211 iii ATTORNEYS GENERAL OF IDAHO GEORGE H. ROBERTS ................................... 1891-1892 GEORGE M. PARSONS ................................... 1893-1896 ROBERT McFARLAND ................................... 1897-1898 S. H. HAYS .............................................. 1899-1 900 FRANK MARTIN ........................................ 1901-1902 JOHN A. BAGLEY ....................................... 1903-1 904 JOHN GUHEEN ......................................... 1905-1908 D. C. McDOUGALL ....................................... 1909-1912 JOSEPH H. PETERSON ................................... 1913-1916 T. A. WALTERS .......................................... 1917-1918 ROY L. BLAG( .......................................... 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 ............................................ 1937-1 940 BERT H. MILLER ........................................ 1941-1944 FRANK LANGLEY ....................................... 1945-1946 ROBERT AILSHIE (Deceased November 16) .................. 1947 ROBERT E. SMYLIE (Aµpointed November 24) ............... 1947-1954 GRAYDON W. SMITH .................................... 1955-1958 FRANK L. BENSON ...................................... 1959-1962 ALLAN G. SHEPARD ..................................... 1963-1968 ROBERT M. ROBSON .................................... 1969 W. ANTHONY PARK ..................................... 1970-1974 WAYNE L. KIDWELL ..................................... 1975-1978 DAVID H. LEROY . 1979-1982 JIM JONES .............................................. 1983- v Jim Jones Attorney General vi INTRODUCTION This volume contains the official opinions issued by the Office of the Attorney General during calendar year 1986. Also included are some of the more significant informal guidelines issued by the office during the year. Publication is made pursuant to l.C. § 67-1401(6). The opinions and guidelines compiled in thi.' volume are designed to provide legal guidance to all governmental entities, as well as the general public. They represent many long hours of research by a dedicated staff and I believe them t0 be of high qual­ ity. Each year we strive to make this publication more useful to its readers and to make our work product more readily available. In 1985 the opinions were made available on the Lexis and Westlaw Automated Research Systems. During the 1987 legislative session legislation was approved re­ quiring formal attorney general opinions issued after January l, 1983, to be refer­ enced in fu ture publications of the Idaho Code. Since the opinions do have some pre­ cedenti.alvalue and since they play a large part in shaping administrative policy and legislative action, it is appropriate that lawyers and jurists have better access to them through the code annotations. We strive to make this publication a valuable research and reference tool. Com­ ments of our users are encouraged and are always more than welcome. JIM JONES ATTORNEY GENERAL vii ANNUAL REPORT OF THE ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL As of December 31, 1986 ADMINISTRATIVE Jim Jones - Attorney General John J. McMahon - Chief Deputy Patrick J. Kole- Legislative Affairs P. Mark Thompson - Civil Litigation Lynn E. Thomas - Solicitor General Kim Klohe - Business Manager Lois Hurless - OfficeAdministrat or Tresha Griffiths - Executive Secretary DIVISION CHIEFS Michael DeAngelo - Health & Welfare D. Marc Haws - Criminal Law David G. High - Business Regulations & Finance Daniel G. Chadwick - Intergovernmental Affairs (Acting) Clive J. Strong - Natural Resources DEPUTYATTORNEYSGENERAL Brenda Albert Leslie Goddard Peter Richardson Ken Arment Stephen Goddard John Ruebelmann Laura Arment Fred Goodenough Marilyn Scanlan James Baird Jeanne Goodenough Steven Schuster David Barber Patti Guerin Mike Sheeley Robert Becker Mike Henderson Brent Small Jo Beeman Don Howell Marsha Smith Carol Brassey Rinda Just Ted Spangler Dan Chadwick Dean Kaplan Myrna Stahman Ron Coston Deborah Kristal Thomas Swinehart C. A. Daw Janice Kroeger Diane Tappen Larry Dunn Lynn Krogh-Hampe Evelyn Thomas Elaine Eberharter Roger Martindale Craig Trueblood Mary Feeny Susan Mattos Larry Weeks Wa rren Felton Mark Mimura Will Whelan Rene' Fitzpatrick David Minert Jim Wickham Curt Fransen Steven Parry Tim Wilson Robert Gates Shad Priest Scott Wolfley Michael Gilmore Phillip Rassier Scott Woodbury INVESTIGATIVE SERVICE Russell T. Reneau - Chief Investigator Allan J. Ceriale Richard T. LeGall Garry Carr NON-LEGAL PERSONNEL Jeanne Baldner Deborah Lancaster Jackie Shelton Kriss Bivens Paula Lund Ruth Swan Karen Bolian Elsie O'Leary Pam Warren Kathy Bonham Sigrid Obenchain Stephanie Wible Marilyn Freeman Sandra D. Rich Deborah Williams 1 ORGANIZATION CHART - Office of the Attorney General > CHIEF OF CHIEFDEP� LEGISLATIVE z r----- 1 AFFAIRS I z c: SOLICITOR GENERAL CAPITAL LITIGATION >­ SPECIALIST r CHIEF OF I I CIVIL LITIGATION :::0 I m I I ""O I I 0 I I I � I I I I BUSINESS NATURAL 0 I REGULATIONS RESOURCES 'Tl I I I ......i t'V I I ;!:; I [Tl LOCAL GOVERNMENT PROSECUTOR CRIMINAL APPEALS CORRECTIONS ADMINISTRATION CENTRAL OFFICE SELF-GOVERNING ASSISTANC.E � AGENCIE S d FINANCE :;o I AGRICULTURE EDUCATION L INVESTIGATION m INSURANCE l COMMUNITY I REHABILITATION DEPARTME1'T EMPLOYMENT -< l OF LANDS 0 P.E.R.S.I. I I m FJELD l HUMAN OPERATIONS RIGHTS z l DIVISION OF ENVIRONMENT m TAX HEALTH & WELFARE I I :::0 MANt�GEMENT lNDUSTRlAL COMMISSION > SERVICES r FISH & GAME I l I PERSONNEL I VETERANS PARKS & RECREATION I I ENVIRONMENT PUBLIC UTILITIES l COMMISSION WATER RESOURCES OPINIONS OF THE ATTORNEY GENERAL 86-1 ATTORNEY GENERAL OPINION NO. 86-1 TO: Mrs. Delores Crow Idaho State Representative 203 11th Avenue South Extension Nampa, Idaho 83651 Per request for Attorney General's Opinion. QUESTION PRESENTED: Is it constitutionally permissible to restrict the use of the word "accountant" and other labels or titles to individuals who have been certified and licensed by the Idaho State Board of Accountancy, as required by Idaho Code § 54-201, et seq.? CONCLUSION: Yes. It is constitutional under the first and fourteenth amendments of the United States Constitution and under article I, §§ I, 9, 13 of the Idaho State Constitution. The state in exercise of its police powers may regulate the profession of accounting as set forth in LC. § 54-201 et seq., and require licensing of "certified public accoun­ tants" and "public accountants" as defined in that chapter. The state may also restrict the use of the term "accountant" or other labels or terms to those who are licensed by the State Board of Accountancy. ANALYSIS: L Statutory Authority Title 54, chapter 2 of the Idaho Code, known as The Accountancy Act, regulates the profession of accounting and creates the Idaho State Board of Accountancy and the Public Accountant's Advisory Committee. It creates a two-tier licensing system for "certified public accountants" and "public accountants." By definition, all mem­ bers of these classes must hold a valid, unrevoked and un:;uspendedcertificate and/ or license under this chapter. LC. § 54-206. The profession of "public accountant" is a "dying class," meaning that since July I, 1977, with limited exceptions that have now expired, the class of licensed public accountant has been closed to new applicants. LC. § 54-214. The section that directly concerns the question presented is § 54-218. Subsections (!) and (2) restrict the use of the terms "certified public accountant" and "public ac­ countant" to licensed persons. Subsectio11 (3) states: No person, partnership or corporation shall assume or use the title or desig­ nation "certified accountant," "chartered accountant," "enrolled account­ ant," "licensed accountant," "registered accountant," "accredited account­ ant," "accountant," "auditor or other title or designation or any of the abbre­ viations "CA," "EA," "RA," or "LA," or similar abbreviations likely to be confused with "certified public a��ountant" or "public accountant"; ... 5 86-1 OPINIONS OF THE ATTORNEY GENERAL Thus, the Idaho Legislature has restricted to licensed persons the use of titles con­ taining the word "accountant" or "auditor," as well as the use of these words them­ selves. There shall be no profession of unlicensed accountants in the state, with the exceptions noted in subsection (3), to be discussed later. Subsection ( 4) similarly provides that only a licensed person may render opinions or perform attestation as an accountant or auditor. Similar restrictions regarding the titles and functions of accountants have existed for nearly 70 years. The Idaho State Board of Accountancy was established in 1917 to issue certificates to practice as a certified
Load more

Recommended publications
  • Annual Report of the Attorney General 1989
    IDAHO ATTORNEY GENERA�S ANNUAL REPORT OPINIONS AND SELECTED INFORMAL GUIDELINES FOR THE YEAR 1989 Jim Jones Attorney General Printed by The Caxton Printers, Ltd. Caldwell, Idaho CONTENTS Roster of Attorneys General of Idah'J . v Introduction . vi Roster of Staff of the Atto.·ney General ........................ Organizational Chart of the Office of the Attorney General . 2 Official Opinions - l 989 . 3 Topic Index to Opinions . 99 Table of Statutes Cited . 104 Selected Informal Guidelines - 1989 . I 09 Topic Index to Selected Informal Guidelines . 219 Table of Statutes Cited . 226 111 AT TORNEYS GENERAL OF IDAHO GEORGE H. ROBERTS 1891-1892 GEORGE M. PAR30NS ... ....... ..... ............ 1893- 1896 ROBERT McFARLAND . .. ..... .... .......... ......... 1897-1 898 S. H. HAYS . 1899- 1900 FRANK MARTIN ..................................... 1901-1902 JOHN A. BAGLEY ... ........................ ...... .. 1903- 1 904 JOHN GUHEEN . 1905-1 908 D. C. McDOUGALL .................................... 1909-1912 JOSEPH H. PETERSON ............ .................... 1913-1916 T. A. WA LTERS 1917-1918 ROY L. BLACK ...... ................................. 1919-1922 A. H. CONNER . 1923-1 926 FRANK L. STEPHAN .................................. 1927-1 928 W. D. GILLIS . 1929-1930 FRED J. BABCOCK .................................... 1931-1932 BERT H. MILLER ..................................... 1933-1936 J. W. TAYLOR . 1937-1940 BERTH. MILLER ..................................... 1941-1944 FRANK LANGLEY ... ......... ... ............... ... 1945-1 946 ROBERT
    [Show full text]
  • Teton Basin Project History
    Teton Basin Project Eric A. Stene Bureau of Reclamation 1996 Table of Contents The Teton Basin Project ........................................................2 Project Location.........................................................2 Historic Setting .........................................................2 Project Authorization.....................................................3 Construction History .....................................................5 Table I ................................................................6 Post Construction History .................................................9 Dam Failure ......................................................9 Aftermath .......................................................12 Table II...............................................................20 Settlement of the Project .................................................24 Uses of Project Water ...................................................25 Conclusion ............................................................25 About the Author .............................................................26 Bibliography ................................................................27 Manuscript and Archival Collections .......................................27 Government Documents .................................................27 Books ................................................................27 Articles...............................................................28 Interviews.............................................................28
    [Show full text]
  • Negative Campaigning Takes a Break with Court Race Chuck Malloy/Idaho Politics Weekly
    Negative Campaigning Takes a Break with Court Race Chuck Malloy/Idaho Politics Weekly Chief Justice Jim Jones, who is retiring at the end of the year, has never been one to bow to conventional thinking. During his days as Idaho’s attorney general, he took on the oil companies, not through litigation, but through press releases. When gas prices started creeping too high, he’d send out a press release threatening to investigate collusion. Magically, prices would go down. In 1990, the political establishment told him he shouldn’t run for the U.S. Senate, and that it was Larry Craig’s turn to serve. Of course, Jones didn’t listen. He lost the race, but ran a spirited campaign and gave Idaho voters a legitimate choice. So it would have been out of character for Jones to resign early from the Supreme Court and allow the governor to make an appointment. He thought it was only right for the most important judicial position to be placed in the hands of the voters, and for candidates to make their case to the public. Now, after a hotly-contested primary, it’s down to two – Curt McKenzie of Nampa and Robyn Brody of Rupert. It’s a pretty dull campaign compared to the mess we see on the presidential level. Neither McKenzie nor Brody are resorting to insults and negative ads, or suggesting their opponent is “unqualified” or “unfit” to hold the job. They’re simply telling voters why they think they should be sitting on the Supreme Court. Arguably, this is the most important election in Idaho, next to the presidential election.
    [Show full text]
  • Judicial Branch
    JUDICIAL BRANCH Camas Prairie near Grangeville Photo Courtesy: Steve Lee JUDICIAL BRANCH 201 STATE JUDICIAL DISTRICTS The Supreme Court, as supervisor of the entire court system, establishes statewide rules and policies for the operation of its functions and that of the district courts. The state is divided into seven judicial districts, each encompassing four to ten counties. This regional structure is designed to delegate authority to the judicial districts and to insure their participation in policy decisions while maintaining uniform, statewide rules and procedures. An administrative district judge, chosen by the other district judges in the district, performs a number of administrative duties in addition to handling a judicial case load. The administrative district judge, assisted by a trial court administrator, manages court operations in the district, assigns judges to cases, and coordinates activities of the clerks of the district courts. Final recommendations for local court budgets and facili- ties are made by the administrative judge, as well as personnel decisions for the district. The administra- tive judge also jointly supervises the deputy clerks of the district courts. The administrative judge additionally serves as chair of the dis- trict magistrates commission, a representa- tive body of county commissioners, mayors, citizens, and private attorneys which, among other things, appoints magistrate judges to their initial terms of office. 202 IDAHO BLUE BOOK IDAHO COURTS Idaho’s court system today is recognized as a model for other states. Constitutional amendments in the early 1960’s gave the Idaho Supreme Court management authority over the trial courts, firmly establishing the Supreme Court’s rule making powers and providing a method of supervising trial operations.
    [Show full text]
  • House Concurrent Resolution No.28 (2017)
    LEGISLATURE OF THE STATE OF IDAHO Sixty-fourth Legislature First Regular Session - 2017 IN THE HOUSE OF REPRESENTATIVES HOUSE CONCURRENT RESOLUTION NO. 28 BY WAYS AND MEANS COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING FINDINGS OF THE LEGISLATURE AND HONORING FORMER CHIEF JUSTICE JIM 3 JONES UPON HIS RETIREMENT FROM FIFTY YEARS OF PUBLIC SERVICE. 4 Be It Resolved by the Legislature of the State of Idaho: 5 WHEREAS, Jim Jones was born in Twin Falls and raised on his family's farm 6 near Eden, Idaho; and 7 WHEREAS, Jim served as an artillery officer in the United States Army in 8 Vietnam in the late 1960s, receiving the Bronze Star; and 9 WHEREAS, while serving in Vietnam, Jim volunteered at an orphanage run 10 by the Cao Dai Church in Tay Ninh Province; and 11 WHEREAS, upon his discharge from the United States Army, Jim served as 12 a legislative assistant to former United States Senator Len B. Jordan from 13 1970 to 1973; and 14 WHEREAS, Jim returned to Idaho in 1973 and opened a private law office in 15 Jerome, Idaho; and 16 WHEREAS, in 1982, Jim was elected Idaho Attorney General and was re- 17 elected in 1986; and 18 WHEREAS, while Attorney General, Jim played a key role in negotiating 19 the Swan Falls Settlement, which set the stage for the Snake River Basin Ad- 20 judication, and promoted Idaho water management; and 21 WHEREAS, as Attorney General, Jim was instrumental in defending Idaho's 22 sovereignty over its water and other natural resources; and 23 WHEREAS, Jim was active in the Conference of Western Attorneys General 24 and
    [Show full text]
  • Thanks for Coming out on a Monday Afternoon During the Workday
    This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu DOLE/CRAIG TALKING POINTS - Honor and thanks to grass roots workers! * Thanks for coming out on a Monday afternoon during the workday. * Recognize Precinct Committee men and women; campaign volunteers,. and the candidates who have offered themselves to public service! _.) * These grass roots people; organizationsj and candidates are the key to taking our GOP messages directly to the voters. * Elections will be won in November because Republican values will be discussed face to face with voters- * Republican candidates all over Ada County and t he entire state of Idaho will be campaigning door to door now through November 6, asking for your vote. * Lets be unified in our effort; tolerant of our di fferences; and win elections this fall. Page 1 of 57 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu DOLE EVENT SCHEDULE - MONDAY, AUGUST 13, 1990 3:45 ARRIVE AT 1121 JOHNSON - RALPH & ELLEN WHEELRIGHT HOME (342-7242). VISIT, ASK FOR VOTE, ETC. 3:50 WALK NEXT DOOR, 1115 JOHNSON - GAYLE AND ELLEN IRVINE (PRECINCT 44 COMMITTEEMAN) ( 343-222 3) . KNOCK / MEET & VISIT. 3:55 WORK THROUGH CROWD TO MICROPHONE ON THE IRVINE LAWN TAKE TIME VISITING, SHAKING HANDS, ETC. 4:05 LARRY CRAIG WELCOME SEN. DOLE AND OPENING REMARKS: RECOGNIZE: ROGER FAIRCHILD--------------------------GOV. CANDIDATE BUTCH OTTER-----------------------LT. GOVERNOR CANDIDATE PETE CENARRUSA--------------SECRETARY OF STATE CANDIDATE LYDIA JUSTICE EDWARDS----------STATE TREASURER CANDIDATE RICHARDWILLIAMS-------------------ST . AUDITOR CANDIDATE JULIA KOLE- (wife) -REPRESENTING PAT KOLE--ATTY.
    [Show full text]