Idaho Rep. Vito Barbieri, R-Dalton Gardens, said it's clear the legislative and executive branches of Idaho government are independent.

What's not clear to him: Why are Idaho legislators dependent on a member of the executive branch - Idaho Attorney General Lawrence Wasden - for legal counsel on legislation that's being created?

Barbieri, a California licensed attorney, said having the executive branch weighing in on legislative matters prior to bills becoming law establishes a conflict of interest between the branches.

"It's an ethics issue," said Barbieri, who's in his first legislative session after being voted into office last year.

"Now is the time to begin a conversation about the Legislature having independent counsel."

Barbieri convinced a House committee on Tuesday to introduce his bill, which seeks to create an "office of legislative counsel."

Barbieri would like to fund the proposed office by shifting money and staff members from the attorney general's office.

Bob Cooper, a spokesman for Wasden, said his office is required by law to provide legal opinions as requested by members of the state House and Senate.

A couple of hundred such requests are made each year.

Many of the legislators ask whether proposed legislation is constitutional or interferes with other state laws, Cooper said.

"It's advice, and not binding," Cooper said.

The idea is to help legislators re-draft legislation so it will hold up in court - if attacked.

"It's a policy choice," Cooper said. Do legislators want "accurate, objective legal advice, or do they want to hire 'yes men' to tell them what they want to hear?"

He said legislators could replace lawyers from the office of legislative counsel if they don't like the legal advice rendered.

That's not an option they have with Wasden and his office.

Barbieri disputed a Jan. 21 opinion by the attorney general's office that said states can't nullify federal law.

Barbieri has sought to nullify or not act on the federal health care reform law passed by Congress last year.