Sweeney v. Otter , 119 Idaho 135 ( 1990 )

BISTLINE, Justice,

dissenting:

The opinion for the court is well-written, and resulted from a truly collegial effort. It is persuasive, but I cannot in good conscience join it. In eighth grade civics class I learned that the Lieutenant Governor was an office created by the framers of the Idaho Constitution so, that on the happening of the elected governor dying, or otherwise being disabled from continuing in office, there would be a successor in place, ready to step in and take over.

Whoever holds that office, so we learned, does have the Constitutional right to vote in circumstances where the Senate is equally divided — should the question before the Senate be in regard to the legislative process of enacting laws.

The philosophy behind the procedure, so we learned, was that a tie vote would result in needed legislation being delayed. We further were given to understand that, although the office-seeker is of some particular chosen party, once elected to the office, party affiliation is eschewed the very minute she/he is administered the oath of office.

That oath is much like any oath of office, including that of a justice. There is nothing therein which declares fealty to a political party. The seated Lieutenant Governor is on a par with judges and justices, who along with the Lieutenant Governor — by reason of accepting office of high trust— the officers are implicitly foreswearing loyalty to any political party, but have entered into an undertaking to represent the people of Idaho. As a known fact it is not just Republicans who participate in elections, but included also are some Idaho citizens who are not Republicans, and who yet place their faith in the person who seeks elective state office. The holder of any state public office is beholden to the State of Idaho and its people. It is the office which has the power to act, not the holder of the office.