It is the duty of the Office of the Attorney General to respond to allegations of any violation of state criminal law by elected county or city officers acting in their official capacity, to investigate such claims, to issue appropriate findings, and to retain such cases for further investigation and prosecution pursuant to sections 31-2002 and 50-238 (link does not exist yet), Idaho Code.

In order for the Office of the Attorney General to investigate a county official, a complaint must meet three criteria:

  1. The complaint must be made against an elected county official. In Idaho, this includes commissioners, prosecuting attorneys, sheriffs, clerks, assessors, treasurers and coroners.
  2. The complaint must include an allegation of criminal conduct. Under the public corruption statute, the Attorney General is not authorized to investigate violations of civil law, including open meeting or public record violations.
  3. The alleged offense must have occurred while the commissioner, prosecuting attorney, sheriff, clerk, assessor, treasurer or coroner in question was serving in their official capacity.

 
In order for the Office of the Attorney General to investigate a city official, a complaint must meet three criteria:

  1. The complaint must be made against an elected city official. In Idaho, this includes the mayor or city council member(s).
  2. The complaint must include an allegation of criminal conduct. Under the public corruption statute, the Attorney General is not authorized to investigate violations of civil law, including open meeting or public record violations.
  3. The alleged offense must have occurred while the mayor or council member(s) in question was serving in their official capacity.

 

If a complaint does not meet all three of these criteria, the public corruption statute does not authorize the Office of the Attorney General to investigate.