From the February 2007 Idaho Observer:

2004 Idaho bill to punish perjury killed in committee

Idaho Representatives Bill Sali (R-Kuna) and Dick Harwood (R-St. Maries) introduced the bill below during the 2004 session of the Idaho State Legislature. The bill never made it out of committee, largely due to pressure from the Idaho State Bar Association and the Idaho Judicial Council. Aside from attempting to provide an avenue of remedy for those who have been damaged by anyone—including state actors—who intentionally misrepresented the facts of a case in court, the bill would have also declared an emergency. Though reasonable people would agree that a pattern of innocent people being destroyed through the lies told in Idaho’s courts constitutes an "emergency," it’s not an emergency for perjury-suborning officers of the court or their perjurious government agency expert witnesses—to them it is just "business." Rose Johnson of Idaho’s judicial accountability movement is attempting to revive the emergency perjury bill for passage by the 2007 legislature. The urgency of the perjury issue in Idaho courts was demonstrated by District Judge John Stegner when he dismissed an action of provable perjury late last year because the plaintiff had no standing and he had no jurisdiction to hear the case.

IN THE HOUSE OF REPRESENTATIVES

RELATING TO PARTIES TO ACTIONS; AMENDING CHAPTER 3, TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-341, IDAHO CODE, TO PROVIDE A CAUSE OF ACTION FOR THE RECOVERY OF DAMAGES AGAINST PERSONS OR ENTITIES THAT PRODUCE FALSE OR MISLEADING INFORMATION, EITHER DURING SWORN TESTIMONY OR TO A FACT-FINDER OR GOVERNMENTAL ENTITY, THAT RESULTS IN INJURY TO A PERSON; AND DECLARING AN EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Chapter 3, Title 5, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 5-341, Idaho Code, and to read as follows:

5-341. FALSE TESTIMONY — MISREPRESENTED FACTS AND PRINCIPLES — CAUSE OF ACTION. Any injured party may bring an action for recovery of damages, including punitive damages which the facts may warrant, against any person, or legal entity acting through its representative, that:

(1) Testifies at trial, or any other proceeding, or otherwise provides sworn testimony, where they:

(a) Knew or should have known the testimony was false; or

(b) Provided such testimony with the intent to deceive the fact-finder on a material issue;

(2) While holding himself out to be an expert, provides material scientific information to a person, commission, board or other entity charged with fact-finding, when they:

(a) Knew or should have known that the scientific information presented is based upon scientific principles that are false; or

(b) Presented the scientific information with the intent to mislead the fact-finder;

(3) Knowingly files, lodges or otherwise submits any document to any governmental entity of any kind when the information in such document incorporates scientific principles that:

(a) Are material to a decision which must be made based upon the information contained in the document; and

(b) Are false or are presented with the intent to mislead the person(s) making the decision.

SECTION 2. An emergency existing therefor, which emergency is hereby

declared to exist, this act shall be in full force and effect on and after its

passage and approval.