Coeur d'Alene Tribe v. Lawerence Denney
387 P.3d 761
| Idaho | 2015Background
- S.B. 1011 (repeal of Idaho Code §54-2512A) passed both houses on March 30, 2015 and was presented to the Governor that day at 4:54 p.m.
- Legislature temporarily adjourned for Easter on April 2 and reconvened April 6; the Governor’s five-day return deadline (Sundays excepted) expired April 4.
- The Governor furnished a veto message dated April 3; the Senate Journal shows the vetoed original was not in the Senate’s possession until 8:52 a.m. on April 6.
- The Senate nonetheless voted April 6 and sustained the veto (19–16), declaring the bill failed to become law.
- The Coeur d’Alene Tribe petitioned for a writ of mandamus ordering the Secretary of State to certify S.B. 1011 as law; the Secretary refused, arguing lack of gubernatorial authentication and claiming no duty to certify.
- The Idaho Supreme Court considered standing/justiciability, the timeliness and effect of the veto, the Secretary’s duty to certify, appropriateness of mandamus, and entitlement to attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing / Jurisdiction | Tribe (lead proponent) has concrete interest and may seek mandamus to enforce constitutional process | Secretary/amici: Tribe lacks distinct injury; no standing | Court exercised original jurisdiction for extraordinary relief despite limited economic showing because issue implicates constitutional procedure and no other party would enforce it |
| Validity / Timeliness of Governor's veto | Veto untimely; governor did not physically return the original to Senate or authorized official within five days, so the bill automatically became law | Governor/Amici: Senate treated veto as timely; journal vote sustaining veto controls | Veto invalid: plain text of Art. IV §10 and I.C. §67-504 require physical delivery (or delivery + notification under §67-504); Senate Journal shows untimely return, so bill became law automatically |
| Secretary of State’s duty to certify | Once five-day deadline passed and bill became law, §67-505 imposes nondiscretionary duty on Secretary to certify and deposit the law | Secretary: not the “timekeeper”; he may not override Senate action; certification requires gubernatorial authentication | Secretary has non-discretionary ministerial duty under §67-505 to certify the bill as law; Court may order certification without violating separation of powers |
| Remedy: Mandamus & attorney fees | Tribe: mandamus appropriate (ministerial duty, urgent public interest); fees available | Secretary/amici: alternate remedies exist; mandamus improper; fees unwarranted | Writ of mandamus granted to compel certification; Tribe entitled to attorney fees under I.C. §12-121 (Court finds Secretary defended unreasonably) |
Key Cases Cited
- Cenarrusa v. Andrus, 99 Idaho 404 (Idaho 1978) (governor veto timing and Secretary of State certification dispute)
- Cohn v. Kingsley, 5 Idaho 416 (Idaho 1897) (courts must enforce constitutional procedures for enactment and veto; legislative journals are conclusive)
- Brassey v. Hanson, 81 Idaho 403 (Idaho 1965) (judicial reliance on legislative journals as conclusive evidence of official legislative acts)
- Utah Power & Light Co. v. Campbell, 108 Idaho 950 (Idaho 1986) (mandamus lies when officer has a clear legal duty to perform ministerial act)
- Minich v. Gem State Developers, Inc., 99 Idaho 911 (Idaho 1979) (I.C. §12-121 fees; "judge" includes this Court for attorney-fee awards)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (U.S. 1989) (official-capacity suit is effectively a suit against the State, relevant to fee liability)