Judge rules in favor of Idaho Republican Party in latest lawsuit hearing

BLACKFOOT — District Court Judge Darren Simpson is allowing Bryan Smith to continue as the Idaho Republican Party’s lawyer in the lawsuit brought by the Bingham County Republican Central Committee (BCRCC).

Greg Chaney, acting on behalf of the Bingham County Republicans, argued Smith was privy to information about the lawsuit before it was filed. They claimed Smith advised Matt Thompson, the newly-elected president of the BCRCC, whose election triggered the current dispute. Chaney also asserted Smith helped the Idaho Republican Party and its chairwoman, Dorothy Moon, “take steps” in response to the complaint based on the alleged conversation with Thompson.

The “coordination,” Chaney feared, would later be qualified under attorney-client privilege. He also argued it was likely Smith would be a material witness in the case because of that conversation and due to his leadership position in the Idaho GOP’s executive committee.

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As part of the committee, Smith will be on the review panel overseeing an internal hearing about Bingham County Republicans’ objection to Moon nullifying the election results. The BCRCC doesn’t feel he could be fair and impartial in that setting while acting as counsel for the Idaho GOP.

This was the latest in a string of hearings in a lawsuit that stems from the Bigham County Republicans electing a new committee chairman. They say Moon inappropriately used her power and authority to negate that election.

However, Moon has asserted the election was illegal and a new one should be held. Read more about the case here.

Judge’s ruling

Simpson didn’t agree with the BCRCC and denied the motion to disqualify Smith, stating in court documents that the local GOP didn’t show good cause for doing so.

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There wasn’t any evidence from the BCRCC that showed Thompson and Smith spoke about the grievance, Simpson said.

“Furthermore, nothing in the evidence submitted suggests that (Smith) received information from Mr. Thompson materially adverse to Mr. Thompson or to the BCRCC,” he wrote in his decision.

Because the appeal of Moon’s actions hasn’t happened yet, Smith isn’t covered by “party-neutral” laws.

“If, however, (Smith) sits on the BCRCC’s panel … then the BCRCC’s disqualification motion … may ripen into a valid objection to (his) further representation of the (Idaho Republican Party),” Simpson stated in his ruling.

The appeal regarding Moon’s actions surrounding the Bingham County Republican Central Committee leadership elections will be held Jan. 5.