Sweeney v. Otter

804 P.2d 308, 119 Idaho 135, 1990 Ida. LEXIS 212
CourtIdaho Supreme Court
DecidedDecember 24, 1990
Docket19035
StatusPublished
Cited by47 cases

This text of 804 P.2d 308 (Sweeney v. Otter) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sweeney v. Otter, 804 P.2d 308, 119 Idaho 135, 1990 Ida. LEXIS 212 (Idaho 1990).

Opinions

McDEVITT, Justice.

In the 1990 Idaho general election, 21 members of the Republican party and 21 members of the Democratic party were elected as the 42 members of the Idaho State Senate in the 51st Idaho Legislature. For the first time in the history of this state, the members of the Senate were equally divided between two political parties.

Following the swearing-in of the Senators-elect on December 6, 1990, one of the first actions taken by the Senate was the selection of the President Pro Tempore. First, the Democrats placed in nomination for this position the name of Senator Bruce L. Sweeney. The vote of the Senators ended in a 21-21 division. Lieutenant Governor C.L. Otter then cast his vote in opposition to the election of Senator Sweeney. The Republicans then placed in nomination for the position the name of Senator Michael Crapo. This vote also ended in a 21-21 tie. Lieutenant Governor Otter then cast the tie breaking vote in favor of Senator Crapo. The members of the Democratic party, through their leader Senator Sweeney, objected to the vote of Lieutenant Governor Otter upon the basis that he is prohibited by the Idaho Constitution from voting on organizational matters of the senate, including the election of its President Pro Tempore. The objection was overruled by the Lieutenant Governor and Senator Crapo was declared elected President Pro Tempore.

On December 7, 1990, the 21 Democratic senators filed a verified petition asking for extraordinary relief in the nature of a writ prohibiting Lieutenant Governor Otter from further involvement in the organization of the Idaho Senate and commanding the Republican senators to comply with the Idaho Constitution as interpreted by petitioners. The petition further requests a writ permanently and absolutely prohibiting Lieutenant Governor Otter from voting on “organizational matters” when a tie vote occurs.

Pursuant to an order of this Court, the respondents filed a response to the verified petition admitting that the Lieutenant Governor cast the tie breaking vote in electing Senator Crapo as President Pro Tempore. The respondents agreed with the petitioners that this Court has jurisdiction to hear this matter and that the issue is of public interest; however, they asserted that petitioners have not met their burden to support the issuance of an extraordinary writ. Further, respondents asserted that the question whether the President of the Senate may cast a tie-breaking vote is an improper subject for judicial review. On December 21, 1990, oral argument was presented to the Court by counsel for the petitioners and respondents.

Petitioners request that this Court accept original jurisdiction in this matter and grant extraordinary relief. This Court has the power to accept original jurisdiction in this matter and issue extraordinary relief in the form of a writ of mandamus, a writ of prohibition, or any writ necessary for the complete exercise of its appellate jurisdiction. Idaho Const. art. 5, § 9. We have exercised this jurisdiction in the past and have provided relief where appropriate. Cowles Publishing Co. v. Hutchinson, 118 Idaho 753, 800 P.2d 640 (1990) (writ issued to require magistrate court to open preliminary hearing to the public); Idaho Falls Redevelopment Agency v. Countryman, 118 Idaho 43, 794 P.2d 632 (1990) (writ denied); Eismann v. Miller, 101 Idaho 692, 619 P.2d 1145 (1980) (writ issued to prevent frivolous pro se filings); Sierra Life Ins. Co. v. Granata, 99 Idaho 624, 586 P.2d 1068 (1978) (writ issued to compel district court to assume jurisdiction); Mahler v. Birnbaum, 95 Idaho 14, 501 P.2d 282 [138]*138(1972) (writ denied); Coeur d’Alene Turf Club, Inc. v. Cogswell, 93 Idaho 324, 461 P.2d 107 (1969) (writ issued to stay ejectment action during appeal); Miller v. Winstead, 75 Idaho 262, 270 P.2d 1010 (1954) (writ issued to compel district court to grant petitioner a jury trial); Keenan v. Price, 68 Idaho 423, 195 P.2d 662 (1948) (writ issued to require Secretary of State to accept filing of candidacy for political office); State v. Lukens, 48 Idaho 357, 283 P. 527 (1929) (writ issued to require Secretary of State to accept and file chattel mortgage). Because the petition alleges sufficient facts concerning a possible constitutional violation of an urgent nature, we accept jurisdiction in this case to review the petition for extraordinary relief.

ISSUE

Does the Lieutenant Governor violate the separation of powers clause of the Idaho Constitution by voting during the Senate’s organizational session when the vote is equally divided?

STANDARD OF REVIEW

Petitioners’ request for relief requires an interpretation and construction of the Idaho Constitution. We note at the outset that “[t]he general rules of statutory construction apply to constitutional provisions generally.” Westerberg v. Andrus, 114 Idaho 401, 403, 757 P.2d 664, 666 (1988); Engelking v. Investment Board, 93 Idaho 217, 221, 458 P.2d 213, 217 (1969) (“[T]he general rules of statutory construction apply to the amendment of a constitution as well as to constitutional provisions generally”); Lewis v. Woodall, 72 Idaho 16, 18, 236 P.2d 91, 93 (1951) (“[T]he statutory rules of construction apply to the interpretation of constitutional provisions”); Keenan v. Price, 68 Idaho 423, 437, 195 P.2d 662, 670 (1948) (“[Gjeneral principles of statutory construction apply to the interpretation of constitutions”); Higer v. Hansen, 67 Idaho 45, 52, 170 P.2d 411, 415 (1946) (“The same rules apply to the construction of provisions of the Constitution as apply to construction of statutes”); Phipps v. Boise St. Car Co., 61 Idaho 740, 747, 107 P.2d 148, 151 (1940) (“The general provisions of statutory construction apply to the interpretation of constitutions”).

When called upon to review legislation, this Court has stated:

“The most fundamental premise underlying judicial review ... is that, unless the result is palpably absurd, the courts must assume the legislature meant what it said. Where a statute is clear and unambiguous the expressed intent of the legislature must be given effect.

State, Dept. of Law Enforcement v. One 1955 Willys Jeep, 100 Idaho 150, 153, 595 P.2d 299, 302 (1979). Where a statute or constitutional provision is clear we must follow the law as written. Moses v. State Tax Com’n, 118 Idaho 676, 799 P.2d 964 (1990); State v. Ankney, 109 Idaho 1, 704 P.2d 333 (1985); Herndon v. West, 87 Idaho 335, 393 P.2d 35 (1964); John Hancock Mutual Life Ins. Co. v. Neill, 79 Idaho 385, 319 P.2d 195 (1957). Where the language is unambiguous, there is no occasion for the application of rules of construction. Airstream, Inc. v. CIT Financial Serv., Inc., 111 Idaho 307, 723 P.2d 851 (1986); Ottesen v. Board of Com’rs of Madison County,

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Cite This Page — Counsel Stack

Bluebook (online)
804 P.2d 308, 119 Idaho 135, 1990 Ida. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweeney-v-otter-idaho-1990.