(1) When a party to an action challenges in state or federal court the constitutionality of an Idaho statute, facially or as applied, challenges an Idaho statute as violating or being preempted by federal law, or otherwise challenges the construction or validity of an Idaho statute, either or both houses of the legislature may seek to intervene, at the sole discretion of the senate president pro tempore or the speaker of the house of representatives, or both, in the action as agents of the state of Idaho and as a matter of right, or permissively, by filing a motion in the court as provided in state or federal rules of civil procedure, whichever is applicable.
(2)  The authority to intervene pursuant to the provisions of subsection (1) of this section:
(a)  Does not require evidence that the intervenor’s interests differ from any branch, department, office, or official of the state of Idaho; and
(b)  Operates regardless of whether the state of Idaho itself is a named party.
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Terms Used In Idaho Code 67-465

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
(3)  The provisions of this section shall apply to any litigation that is pending on or after the effective date of this act.