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I have been slipping! One must always pay attention to the SCOIDBlog! They always have good stuff! Peterson Named New Kootenai Magistrate
Via SCOIDBlog:
Defense attorney Clark Peterson has been selected to be the new Kootenai County Magistrate Judge.
Clark is a partner at Amendola & Doty in Coeur d’Alene and was previously a Chief Deputy District Attorney in Las Vegas. Clark graduated at the top of his class at the Loyola (Los Angeles) School of Law and was an editor of the law review there.
There is a motion to disqualify Judge Simpson from the Coeur d’Alene, Idaho Brannon election’s lawsuit. I have made it very clear on my site that I do not approve of some of Judge Simpson’s relationships within the influence of our Idaho Supreme Court and even some of his own reccomendations regarding changes in our court rules - however, I do not know what this motion contains – but I am sure it’s good!
CV-2009-0010010
Motion To Disqualify Judge Simpson Pursuant To IRCP Rule 40 (d) (2) (4)
Related Post CDAPress extra: Brannon appeals rulings in election lawsuit.
From Mary Souza’s newsletter: Terrible Customer Service
Here’s an update on the election challenge: This morning’s Press reports that the challengers filed several motions yesterday, appealing last week’s rulings by Judge Simpson. “One motion calls for disqualifying Simpson on grounds of being biased, according to court reports”, the Press reveals. The article goes on to say the other motions “include reconsidering the order to dismiss the city of Coeur d’Alene from the suit, reconsidering the bond amount of $40,000, reconsidering the protection order on Kootenai County as well as motion for an interlocutory appeal and vacating and rescheduling trial. An interlocutory appeal is an appeal of a ruling by a court that is made before the trial itself has concluded.” (I wondered how the judge could make those rulings in a pre-trial hearing, before the challengers have access the the documents!)
Stay tuned…hope you have a great week –Mary

First of all, I am not an attorney, but my blog allows me to voice my opinion. You, the reader, do not have to agree with it, however, I encourage you to examine some of my material and form your own conclusions. Don’t put me into the equation, just examine the facts.
Before Judge Simpson was appointed by Governor Otter as a District Judge in this area, Coeur d’Alene, Idaho he chaired the Family and Children in the Courts Supreme Court Committee. He drafted material that has now become an integral part of our legal processes through a pilot project home to District I. (Click about three times to bypass the form to get to the document) He may still be the chair, I don’t really know for sure, the judiciary site is not regularly updated. However, it is my opinion that when judges start to offer slippery slopes to the public that waive our rights to appeal and to the rules of evidence that we are also waiving our consitutional rights, because in Idaho there is no public input when these committees decide to change and form their own rules that override our Idaho statutes.
Waiver of the Rules of Evidence for Informal Custody Trial & Consent to Informal Custody Trial.
I am not sure when Judge Simpson married Jonelle Timlin PhD., but I do know that in 2006 they were busy working on waiving the Idaho Court Rules of Evidence in custody cases together. Today Mrs. Simpson is on the Idaho Supreme Court Wellness Committee. Again, this is my opinion – I think this relationhip poses a a HUGE conflict of interest in our Courts.
2006 Children and Family in the Courts Committee – Excerpt
Family Needs Assessment Pilot Project. Judge Simpson referred the committee to the custody toolbox outline located on page 174 and the protocol for the family needs assessment on pages 124 through 125 of committee materials. Judge Simpson reported that Dr. Jonelle Timlin, Ph.D. meets with the family for interviews and determines strengths and weaknesses of the parties as well as the needs of the children. Dr. Timlin provides recommendations regarding the needs of the children but does not make custody recommendations. (emphasis added) The goal of the project is to give the court enough information, including family background and recommendations regarding children’s needs to assist the court in making a decision when parents cannot agree. The protocol encourages parties that want to move into mediation with the information presented from the assessment to further negotiate an agreement, thus discouraging further judicial involvement
In 2008, Judge Simpson was still working on waiving our rights, but his wife was no longer mentioned in the family and courts minutes (just the wellness committee minutes.) Excerpt from family and the courts minutes:
3. Family Needs Assessment Pilot Project: Janet Meserve provided an update on the project and reported on the survey results she received from the judges that had participated in the First District Family Needs Assessment pilot project. There was discussion that this project is a useful tool in high conflict cases and is primarily used by pro se parties and when parties are low income and cannot afford a full custody evaluation. Chairman Simpson (emphasis added) mentioned that the Family Needs Assessment is different from an evaluation in that custody recommendations are not made. Corrie Keller made a motion to form a subcommittee to develop standards, guidelines and statewide training for the Child and Family Needs Assessment. Linda Wright seconded the motion and the motion carried. The subcommittee will consist of: Judge Barbara Buchanan (Chair), John Sahlin and Janet Meserve.
The public might think that changing divorce/custody laws is minor, but really it’s just a stepping stone to anything our Judiciary wants to change without a vote or public input/hearing. They are doing it. They have messed with other rules like the ICAR 32 which makes it more difficult to get records. Anything over 2 hrs of labor is going to cost you some big bucks and believe me - most of it will take at least two hours or more of labor.
Rule 16(p). Informal Custody Trial.
(1) An Informal Custody Trial is an optional alternative trial procedure that is voluntarily agreed to by the parties, counsel and the court to try child custody and child support issues. The model requires that the application of the Idaho Rules of Evidence and the normal (emphasis added) question and answer manner of trial be waived.
Once the waiver is obtained (more emphasis added) the matter proceeds to trial by consent as follows:
You sign your rights away with very simple documents that literally locks you OUT without a choice especially if you don’t have an attorney or any money. Who offers the waiver? Some rich spouse wants to put the boots to his poor unsuspecting spouse who didn’t stockpile any money – guess who is getting railroaded?
Sign here – a real Witch Hunt of a legal document at the hands of Judge Simpson.

Really, I would not have a problem with Judge Simpson if he would just get his wife off the Idaho Supreme Court Committees and quit messing with the Idaho Court Rules of Evidence. That’s not much to ask for and if you don’t agree with my opinion, that’s okay. You can always go ahead and waive your rights anytime you want, including your vote. Just how informal do you want to make our courts? Just say’n.

I wrote my short and snappy email to the prosecuter of Kootenai County that basically asked that he restore integrity to our local government. He replied in a coined response arguing against Mary Souza who is evidently a recognized attorney at large. Here is Kootenai County Prosecuter, Barry McHugh’s reply:
Mr. Brannon’s lawsuit is based on Title 50, Chapter 4 of the Idaho Code, and challenges the legality of the contract between the City of Coeur d’Alene and Kootenai County for Kootenai County to conduct the election. It is not a contest under Idaho law that goes to the legality or illegality of votes cast in the election. As indicated in Ms. Souza’s newsletter, what is in question is “the process of administering the election.” The many items requested from Kootenai County Clerk Dan English, including poll books, absentee ballot requests, and absentee ballots, might be legally available to Mr. Brannon had he filed an election contest, but it is our position that the items are not legally available based on the action filed. Even if Mr. Brannon had filed a contest to the legality or illegality of votes cast in the election, Idaho law carefully limits how ballots and poll books are to be handled. Idaho Code Sections 34-2018 and 34-2019 require that in such a lawsuit the poll books and ballots are to be turned over to the judge handling the case for review in open court with the parties to the lawsuit. I understand the Ada County case described in Ms. Souza’s newsletter was filed as a primary election contest. Mr. Kelso, who represents Mr. Brannon, also represented the plaintiff in that case, and so I’m sure he knows how to file such a contest. The method described by Ms. Souza to allow the parties to observe the materials may have been ordered by the judge and agreed to by the parties to allow the parties to review materials while still complying with Idaho law. (emphasis added) However, because Mr. Brannon’s lawsuit is not an election contest, and his discovery request does not set forth a process for review of the materials that complies with Idaho law, we will object to the request until it complies with Idaho law.
What a weak argument. The prosecuter needs to get his head out of the sand.
03/03/10 Update: Provided by Mary Souza at OpenCDA.
Barry was wrong. County attorney John (“witch hunt”) Cafferty was also wrong. The judge said today, in court, that the motion filed by the challengers was brought forward under BOTH Title 50 and 34 of state law. And Mr. Cafferty publicly apologized for his poorly worded “witch hunt” comments and admitted that he was mistaken about the basis for the motion.
It didn’t matter, though
It is beginning to appear that there may be fraud and corruption involved on the part of the City of Coeur d’Alene, and Kootenai County, in the 2009 City of Coeur d’Alene General Election.
Star Kelso, Attorney at Law for Jim Brannon
Yes, it’s possible. Last November, Mike Kennedy, city councilman won the city election by FIVE whole votes. Jim Brannon challenged that election and his loss in court. Now, the county and city are doing anything and everything to keep the records from going to court. The prosecutor is vilifying the challenger, Jim Brannon, by calling this request a “WITCH HUNT.” Ironically, there appears to be a five vote discrepancy that is completely unaccounted for and they call this a “WITCH HUNT?” Now, that is a professional terminology slant on things – ya think? The county prosecuter is asking for a protective order citing that it would cost huge money to make this happen (count the absentee ballots) which is not true and stuff about voter privacy which happens to be a non issue because there is no way of identifying the voter to a particular ballot. There are other issues like:
5. Kootenai County is also very much aware that the existence of more counted absentee ballots than absentee return envelopes can only be explained two ways. (1) The absentee ballot “box” was stuffed; or (2) Two (or more) absentee ballots were returned in one absentee ballot return envelope.
According to Bill McCrory at OpenCDA - this story has not been reported correctly and mainstream news media is missing the boat because it’s about keeping the story buried, so it does not effect the economy - negatively. Bill also explains how the Idaho Secretary of State and the Idaho Attorney General’s Office are ”turning their heads.” Can’t expose that nasty!
Mike Kennedy (the contested five vote winner) is in bed with the Lake City Development Corporation, and they can’t get enough taxpayer money to build their interconnected castles. Mike Kennedy works for them and without him on the city council, they lose power to shove their visions down the throats of Coeur d’Alene citizens. People are scared to speak out and when they do, the city council fabricates the minutes, calls them liars, and then mocks them on camera with smirks and stifled laughs.
Voter fraud and corruption in small town America – and the STATE OF IDAHO - is not attractive. Bill also offers a letter written by Jim Brannon’s attorney that sheds the truth on the subject. Read the entire post here.
2. By “counting” the absentee ballot records there will not be any invasion of the privacy of any voters. There is no way to tell how any voter actually voted because there is no way to tell which voter cast any particular ballot. Mr. Cafferty knows that. As Judge Simpson explained at the January 28, 2010 hearing, at which Mr. Cafferty participated, none of the ballots will even be touched by any representative of Mr. Brannon. The ballot documents will be “counted” in the presence of Mr. Brannon and his representative.
Folks are sitting on pins and needles now, awating the decision whether the judge will make the county cough up the ballots or not – around 3 p.m. Tuesday.
| 03/02/2010 1:30 PM |
Benjamin R. Simpson |
Motion for Protective Order |
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03/02/2010 1:30 PM |
Benjamin R. Simpson |
Motion to Dismiss |
Gee, I sure hope someone cares about our vote because Commie Coeur d’Alene, Idaho is not very attractive either.
Wayne Hoffman with the Idaho Freedom Foundation requested records of salary disclosures of city employees in Coeur d’Alene, ID. He was denied the full names of those employees, but later won the public records lawsuit when District I – Judge Hosack ordered that the full name needed to be disclosed.
CDA Press article: IFF wins release of city employee names
Now, our secretive government officials just can’t stand that, they want privacy and are now messing with the Idaho Public Records Act, specifically I.C. 9-340 C. They want to make it harder for the public to get accurate records but if their full name is disclosed in a newspaper article then it is okay.
Richard Jarvis (R) – Meridian, Idaho wants to slip in most likely - one of many to come changes to our Public Records Laws. This was designed to make it very difficult for citizens to obtain the information they need and to guarantee accuracy.
House Bill 565 - State Affairs Committee

The purpose is so they have more privacy.
The purpose of this legislation is to provide more privacy to public employees by publishing the last name and first initial of the first name rather than their full names.
Well, I want more privacy too. I do not want the first name of anything on a public record like my driver’s license. In fact, I am going to have it changed if this bill goes through. Our government employees just want more secrecy. Another bill is going through that hides the addresses of city police and judicial employees like judges, prosecutors, ect. Are these guys suffering from paranoia now? Is everyone out to get them?
If you want to know about privacy - read up on how the Bonner County Sheriff’s Department was recording private phone conversations. Nothing was done, in fact the culprit was promoted. Local Coeur d’Alene attorney, Scott Reed, couldn’t do a thing to protect the privacy of the citizen(s) involved. Read about it here – it’s a dandy. It’s missing some good stuff, but something is better than nothing at all. You see, I know all about this stuff, because I got the inside scoop which broke the lawsuit.
This is a bill for government that will just pave the way to make it harder and harder for you to get anything – this is certainly not in the best interests of the people or transparency concerning our tax dollars.
What makes these guys so arrogant in their thought processes to think they deserve a higher level of privacy than the public who pays their way?
P.S. Jarvis needs to go back to protecting slimey amphibians that bite, it’s what he obviously does best. He slithers just like them.
House panel overhauls urban renewal legislation
By Jay Howell
February 23rd, 2010 – Idaho Reporter.com
Urban renewal district officials and concerned citizens from all corners of the state traveled to the Capitol to voice their concerns about the legislation. Former Coeur d’Alene city council candidate Dan Gookin was concerned about HB 572, part of which would limit urban renewal agencies to three members. “If an election is county-wide, it will result in smaller communities having an urban renewal agency board with no members who actually live in that community.”
Dan tells us more about his day at My Day in Boise.
It is always refreshing when our agencies inform the public of certain individuals that you might not want to consider hiring or not. Kudos to the ISB for coughing up this information!
You can request documentation from the ISB – Idaho State Bar, concerning any lawyer that has been reinstated and what those conditions are surrounding his reinstatement. Helen Myrick, President of Ethics In Idaho decided to do some sleuthing when she came up against one of those lawyers gone bad when he decided to write an unsavory letter to the editor in her hometown newspaper that warned people not to become involved with Ethics in Idaho, and then he went on to say he was going to sue her. Helen is not too worried. She just hopes he gets better and is making his doctor appointments. Robinson was just recently reinstated and was published in the Advocate Online this last month.

Helen also gives us some more enlightening information concerning bar complaints here.
Just in case he gets a job up here in this neck of the woods, I just thought some of you would like to know. Kudos to Helen for doing the leg work. Now, she is just trying to find out who his supervising attorney is. The information I have posted here is not necessarily disclosed by the attorney when you hire him, you have to know – just like you have to know that some professionals are married to judges and sit on the Idaho Supreme Court Committees, like Judge Benjamin Simpson’s wife from District I.
While you can get this public information about attorneys, it is not so easy to do with judges. The judiciary continues to wrap that veil of secrecy around their health related matters because they don’t want it “spread around.” That is why the Wellness Committee is going to contract out a special Judicial Hotline at our expense. Carlton is from out of state. Isn’t that arrangement cozy? Per Michael Henderson, Legal Counsel for the Idaho Supreme Court:
2/18/10 While the agreement with Richard Carlton has not been finalized, we have agreed to pay him $150/hour for consultations, counseling and presentations and $75/hour for travel. The wallet card you referred to states that he is available for consultation “for many problems and personal issues,” including stress, burnout, and emotional distress; alcohol or drug-related problems; marital and family relationships; gambling or eating disorders; isolation or bereavement; life transitions and aging; personal and family crises; work/life balance; mental or physical challenges; and career or retirement concerns.
Gee, now I feel really secure with these guys running the ship. We need more transparency when it comes to our judges and we deserve to know about all those judicial complaints that the public never sees, because the Idaho Judicial Council effectively keeps everything under the hood! In fact we need more information about the members of the Idaho Judicial Council. They really don’t want to tell us much, do they? By design? Probably. The information of the Idaho.gov site is limited and not up to date as well, but one of the best resources is the Advocate Online. It does inform the public of newly appointed judges.
Dear Mr. Henderson,
In my efforts to understand the Idaho Judicial System, I have asked for documents regarding the Idaho Supreme Court committees and their formation and you have responded and I appreciate your time and effort to retrieve that information. I also realize that asking you for more information will not necessarily get me anywhere, so in an effort to educate the public, I am publishing my complaint.
I do realize that I will never have the resources to sue the Idaho Supreme Court for appointing spouses of judges to committees or for that matter appointing their own favorite lay people to certain committees. However, I do know that as a voter and citizen of this state my rights to due process are compromised when our Supreme Court appoints individuals and more specifically, spouses of judges to these committees. These committees draft and change court process through rules that affect our daily lives. This is done without public input or public hearings. Please let it be known that I do not approve of Jonelle Simpson PhD who is the wife of District I - Judge Benjamin Simpson sitting on these committees that have access to every judge in the State of Idaho or for that matter any other spouse who is married to a judge. It compromises and biases our judicial system as well as my potential to sit on any jury.
Judge Benjamin Simpson’s wife’s involvement on the Wellness Committee has also helped commission an expert to confer with judges ‘out of state’ also hurts the credibility of our judges. Now, I must deal with spouses influencing our judges and at the same time voicing their concerns of unwell judges who struggle with ““for many problems and personal issues,” including stress, burnout, and emotional distress; alcohol or drug-related problems; marital and family relationships; gambling or eating disorders; isolation or bereavement; life transitions and aging; personal and family crises; work/life balance; mental or physical challenges; and career or retirement concerns.
For instance, Judge Benjamin Simpson’s wife is affiliated with too many legal professionals in District I, if not the entire state to guarantee a fair and just trial because she confers with the Idaho Judicial Council and sits on those committees who are judges and legal counsel to the Idaho Supreme Court.
Sincerely,
Joanne Stebbins
P.S. Michael Henderson is Legal Counsel for the Idaho Supreme Court and previously served as a Deputy Attorney General for 18 years (seven of those years as Chief of the Criminal Law Division), and before that was a Deputy Prosecuting Attorney in Ada, Blaine, and Twin Falls Counties. Many of his writings can be found online at the Advocate Online.
Related Posts:
The Dr. is In
The Process of Justice
note: In the interests of disclosure, Jonelle Simpson PhD was the expert witness who fabricated her testimony that took my children away. After several attempts to gain access to my children, to no avail, including reporting her to the IBOL who admitted she made a MISTAKE (via letter from ID AG’s office) - the justice system still failed us. I have seen my two daughters in the last FIFTEEN years less than 48 hrs and her testimony destroyed the relationships of my son and his sisters. No, I was not and never have been a criminal. I am a law abiding woman. Additionally, Jonelle Simpson’s PhD testimony cost me my home, my income, my family, and my community. I was powerless to fight back and she made it known to me in our 20 minute session that “I have attorneys.” To this day nothing can be done because of who she is affiliated with. I had to seal her botch job on my own. No one showed up because no one wanted to be questioned. The tapes are now missing regarding her testimony. What she did along with her legal cohorts to my children and I was nothing short of a real “witch hunt.”
I found the sweatshirt the other day with that slogan on it – I purchased it because it looked fun and it was cheap! However, the truth be told, I wish I had cared many moons ago along with many more of us. We are in this mess because so many of us sat back and trusted the government. Now, the government “of the people, by the people, and for the people” is really a done deal.
Governor Otter is not happy with certain press people. He released a statement the other day outlining his concerns. His main point was “facts” and how newspaper columnists consider them “obstacles.” His concerns were backed up with the 1770 Boston Massacre with a quote from John Adams. He also mentioned that there was a day when reporting was nicer and more civil and then he outlined his claims and facts.
There was a time when most newspaper columnists at least paid lip service to the good intentions of public officials. They might be misguided, shortsighted or simply stupid, the writers would suggest, but at least they meant well. Social niceties were observed; there was a higher level of mutual respect and civility.
Well, I think Governor Otter has completely missed the boat – completely. He just isn’t listening. His administration is just way too late and behind the ball. While he is cutting to save he really does nothing to strengthen accountability, yet applauds a $122 million statehouse renovation. Last year his obstinate behavior cost us more money when he tried to bulldog his transportation bill through. That would have cost us all a pretty penny as well, but not a problem at least not back then. In other words what Governor Otter wants is okay, what the people ask for is not a priority.
With that said Governor Otter is not trying to shut down State parks and the Department of Parks and Recreation, Idaho Public Television, the Idaho Human Rights Commission, the Idaho Commission on Hispanic Affairs, the Idaho Council for the Deaf and Hard of Hearing, the Idaho Council on Developmental Disabilities, and the State Independent Living Council or cut funding for public schools. They just have “to share the burden facing every other agency of State government and indeed every other Idaho citizen.”
This translates into bleak services on the border of shutting down, but not really because it is a shared vision of sizing down.
I strongly encourage Governor Otter to review the 2010 Idaho Pork Report if he wants facts. The people want accountability. Governor Otter needs to read between the lines so to speak. He is cutting services to the people because his administration and every administration before him has WASTED our money and now the people suffer because of our government’s shiftless accountability and frivolous actions regarding our money. That is a FACT!
It wasn’t that long ago that Governor Otter’s good buddy Larry Craig, embraced every blogger or citizen journalist as part of the media. What’s next, restrictions on reporting? Obviously, Governor Otter does not like technology and how it allows anyone’s opinion to be published and distributed. He has no control over it in other words.
Government may simply “be misguided, shortsighted or simply stupid” but it would be nice if they would observe social niceties and honor the people with mutual respect and civility – for a change!
When Abraham Lincoln delivered his Gettysburg Address and uttered those famous words, “God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth,” I am sure he meant well.
photo: courtesy of Idaho Reporter
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