Letter To Speaker Bedke
Letter To Speaker Bedke
Letter To Speaker Bedke
On January 15, 2020, Representative John Green was convicted of a felony by a jury of Conspiracy
to Defraud the United States (18 U.S.C. § 371) in the case of United States of America v. Thomas
Selgas & John Green. (Crim. Action No. 3:18-CR-356-S (Verdict of the Jury attached hereto).
Article VI, § 3 of the Idaho Constitution indicates:
The Idaho Supreme Court has determined a conviction occurs at the point where the jury delivers
its verdict and the judge accepts it. 2 United States v. Sharp, 145 Idaho 403, 403 (2008).
1
Portions of this constitutional provision have been codified at Idaho Code § 59-90l(l)(h): Every civil elective
office shall be vacant upon the happening of. . . Conviction of an incumbent officeholder of any felony, or of
any public offens e involving the violation of his oath of office.
2
Under Federal Criminal Rule of Procedure 32(k), a judgment of conviction must be entered that sets forth the jury
verdict, adjudication, and sentence. Since Representative Green has not been sentenced yet, that judgment is not yet
signed by the judge and entered by the clerk.
Recognizing that a jury verdict is not a judgment of conviction, it is still no less final. United
States v. Klein, 560 F.2d 1236, 1241 (5 th Cir. 1977). For example, federal courts have recognized
that a verdict of conviction may be used for evidentiary purposes prior to the entry of a judgment
of conviction. Id. at 1241; United States v. Smith, 623 F. 2d 627, 630 (9 th Cir. 1980). Although
Representative Green may be released from custody while his sentencing is pending, he remains
convicted. Similarly, although Representative Green may appeal his conviction and be released
from custody pending his appeal, he remains convicted. His conviction is only removed if an
appeals court overturns it. Based upon Representative Green's conviction of a felony, he appears
to have lost his qualifications for office.
POWERS OF EACH HOUSE. Each house when assembled shall choose its own
officers; judge of the election, qualifications and returns of its own members,
determine its own rnles of proceeding, and sit upon its own adjournments; but
neither house shall, without the concmrence of the other, adjourn for more than
three days, nor to any other place than that in which it may be sitting.
Under this provision, the House is the judge of the qualifications of its own members.
You have also inquired as to how a member is removed from the House. A1iicle III, § 11 states:
EXPULSION OF MEMBERS. Each house may, for good cause shown, with the
concurrence of two-thirds of all the members, expel a member.
Under A1iicle III, §11, the House is sole determinant as to whether "for good cause" has been
shown. An expulsion requires a 2/3 vote of the members. A1iicle III, § 9 indicates that it is within
the House's discretion as to how an expulsion within the House will occur.
BRIAN KANE
Assistant Chief Deputy
BK:kw
We, the jury in the above-entitled case, find Defendant Thomas Selgas:
Count Two: Evasion of Payment/or Tax.Years 1998 through 2002 and 2005
We, the members of the jury, find the Defendant Thomas Selgas:
PRESIDING JUROR