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Idaho AG Won't Challenge Gambling Law

IDAHO – As reported by the Associated Press: "Attorney General Lawrence Wasden advised legislative leaders on Wednesday that he will not appoint an attorney to handle their proposed challenge to the constitutionality of the 2002 Indian gambling initiative.

"In a letter to Legislative Services Director Carl Bianchi, Wasden said his responsibility would be to defend the initiative against constitutional attack, not lead that attack.

"He told Bianchi that the Legislature has the authority to hire its own attorney, or, if it wants one appointed, it could follow the proper procedures to achieve that.

"Wasden's letter was prompted by the directive from the Legislature's governing council that Wasden hire a special attorney to challenge the initiative that was adopted by 58 percent of the voters two years ago.

"…The state's long-standing policy has been that the electronic machines are the same as prohibited slot machines. The tribes claim the machines are simply electronic versions of state lottery games and therefore legal under federal law…"

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