HomeMy Public PortalAboutSchoenhut, James LawrenceEx -judge found
guilty on DUI count
An Ada County jury has found a
McCall attorney guilty of a misde-
meanor charge of driving under
the influence of alcohol Deputy
Prosecuting Attorney David
Spurling said.
James Lawrence Schoenhut, 54,
who was a magistrate in Valley
County until 1974, was found
guilty at 11 p.m. Friday by a jury
of three men and three women,
who deliberated one hour, Spurl-
ing said.
Schoenhut was arrested Feb. 8,
f98.5, after a two-car collision in
Boise that injured three people.
Magistrate John Sellman of
Mountain Home presided over the
one- -day trial, held in the Traffic
Court building. He ordered
Schoenhut to undergo a standard
alcohol evaluation test.
Spurling said he handled the
case for Boise because the city at-
torney's office disqualified itself.
Deputy City Attorney Susie Mi-
mura happened to come upon the
accident scene and witnessed
Schoenhut taking a field sobriety
test, Spurling said.
The accident, which occurred
during the evening rush hour at
17th and State streets, injured an
Idaho Falls woman and a Shelley
couple.
Schoenhut is scheduled to be
sentenced at 8:30 a.m. Nov. 15 in
the Traffic Court building, Spurl-
ing said.
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$1.25 million tort
claim filed against
Valley County
Prosecutor
CASCADE — A $1.25 million tort claim has been filed
by a former Valley County employee against Valley County
and Prosecutor Larry Schoenhut alleging "sexual harass-
ment, gender discrimination and wrongful termination."
The claim, dated Dec. 29, 1993, was filed by Terry
Payton, who worked as the secretary in Schoenhut's office
until this past summer when she resigned and moved to
Boise where she began working for a private law firm.
The claim was filed "... on the basis of the facts set forth
in the claim filed with the Idaho Human Rights Commission,"
according to the notice prepared by Robert C. Huntley, of
the Boise law firm of Givens Pursley & Huntley.
According to the notice of claim, "(T)he amount of dam-
ages claimed has not been ascertained at this time, but is
expected to exceed $350,000 in past and future wage loss,
$250,000 in retirement and other benefits lost, emotional
damages of $150,000 and exemplary damages of $500,000,
together with costs and attorney fees."
The claim is being handled by the county as other sim-
ilar claims are, according to Lee Heinrich, Valley County
Clerk, and has been referred to the county's insurance car-
rier for investigation.
Schoenhut
resigns as V.C.
prosecutor
BY ROGER PHILLIPS
The Star-News
Valley County Prosecuting Attor-
ney James L. "Larry" Schoenhut
resigned Monday after an apparent
clash between himself and Valley
County commissioners.
Schoenhut's resignation is effec-
tive Nov. 1. Deputy Prosecuting
Attorney Jonathan McCrone, who re-
cently turned in a letter of resignation,
agreed to stay at his current position.
In an interview on Tuesday,
Schoenhut cited "personal reasons"
as to why he is resigning. He elabo-
rated only by saying that he is old
enough to retire, and he will continue
practicing law part -time for former
clients.
Commissioner Bonnie Allen said
she and other commissioners ex-
pressed concern to Schoenhut over
McCrone's pending resignation dur-
ing a budget work sessions on Monday
at the Valley County Senior Citizen
Center in Cascade.
During that same meeting,
Schoenhut told commissioners he
would ask McCrone to stay on, Allen
said. Commissioners next met with
McCrone, during which McCrone
agreed to stay with Schoenhut's con-
sent.
Upon returning to the Valley
County Courthouse Monday after-
noon, Valley County Clerk Lee
Heinrich presented commissioners
with a letter of resignation from
Schoenhut.
Allen said she was not surprised
by Schoenhut's sudden resignation.
"He's alluded off and on over the past
several months he would like to re-
tire," she said.
Commission Chairman Tom Olson
said the board asked McCrone to stay
because he is in charge of various
"He's alluded off and on
over the past several
months he would like to
retire. "
— Valley County Commissioner
Bonnie Allen about Prosecuting
Attorney Larry Schoenhut.
Larry
Shoenhut
planning and zoning tasks and "there
is no one else to do it."
Both Olson and Allen said
Schoenhut has been plagued with poor
health in the past several months. They
were concerned McCrone's depar-
ture would leave the county in a
difficult position if Schoenhut could
not fulfill his duties.
However, Olson said the commis-
sioners were not seeking Schoenhut's
resignation Monday.
"Larry's (resignation) was very
voluntary," Olson said. "We sure
didn't ask for it."
"There have been conflicts in the
prosecutor's office in the past be-
tween the two," Olson said, declining
to be more specific. Olson noted that
Schoenhut has threatened to quit in
the past.
After the meeting, McCrone said
he plans to continue the current work
he is doing for the county.
"I'm staying," McCrone said. "I
intend to continue serving the posi-
tion I'm in. I'm grateful to the com-
missioners for giving me this oppor-
tunity to continue to serve the people
of Valley County."
McCrone resigned two weeks ago,
citing "personal reasons" for his pend-
ing departure. His resignation was to
be effective August 31.
McCrone joined the county
prosecutor's office after graduating
from the University of Idaho Law
School last year.
In an interview shortly after sub-
mitting his resignation, McCrone said
he did not particularly want to leave,
nor had he accepted a position else-
where. He said he enjoyed working
for the county.
If Schoenhut vacates the position
as planned Nov. 1, the Valley County
Republican Central Committee will
submit three candidates for prosecu-
tor position, and the county commis-
sioners can either hire one of those, or
select someone else.
Schoenhut became Valley County
prosecutor after defeating incumbent
Jamie C. Shropshire in the 1992 No-
vember general election. He will serve
approximately 22 months of his four -
year term before he leaves.
Schoenhut was previously elected
prosecuting attorney in 1958, and
served 10 years before being defeated
in the 1968 election.
He was appointed a magistrate
judge in 1970, and served until 1974,
stepping down after it was discovered
he had hired a Boise prostitute for sex.
Schoenhut had two more brushes
with the wrong side of the law in 1984
and 1985, when he was twice charged
for driving under the influence of
alcohol. The first charge was reduced
to inattentive driving, and the second
charge ended in a conviction.
He also served as Valley County's
public defender.
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$1.25 million tort
claim filed against
Valley County
Prosecutor
CASCADE — A $1.25 million tort claim has been filed
by a former Valley County employee against Valley County
and Prosecutor Larry Schoenhut alleging "sexual harass-
ment, gender discrimination and wrongful termination."
The claim, dated Dec. 29, 1993, was filed by Terry
Payton, who worked as the secretary in Schoenhut's office
until this past summer when she resigned and moved to
Boise where she began working for a private law firm.
The claim was filed "... on the basis of the facts set forth
in the claim filed with the Idaho Human Rights Commission,"
according to the notice prepared by Robert C. Huntley, of
the Boise law firm of Givens Pursley & Huntley.
According to the notice of claim, "(T)he amount of dam-
ages claimed has not been ascertained at this time, but is
expected to exceed $350,000 in past and future wage loss,
$250,000 in retirement and other benefits lost, emotional
damages of $150,000 and exemplary damages of $500,000,
together with costs and attorney fees."
The claim is being handled by the county as other sim-
ilar claims are, according to Lee Heinrich, Valley County
Clerk, and has been referred to the county's insurance car-
rier for investigation.
Schoenhut
to stay as
Valley Co.
prosecutor
BY ROGER PHILLIPS
The Star -News
Valley County Prosecutor Larry
Schoenhut rescinded his resignation
as prosecutor this week, saying he
plans to finish out his term in office
that ends in January 1997.
In July, Schoenhut announced to
the county commissioners he would
resign effective Nov. 1.
Schoenhut and the commissioners
had met in a closed -door session in
July to discuss budget matters and the
planned resignation of Deputy Pros-
ecutor Jonathan McCrone, who later
agreed to stay with the county.
After an apparent clash over un-
disclosed matters, Schoenhut turned
in his letter of resignation.
At that time, Commissioner Bonnie
Allen said she wasn't surprised to
receive the letter because Schoenhut
had "alluded over the past several
months he would like to retire."
After issuing the letter, Schoenhut
would elaborate only by saying he
was leaving for "personal reasons,"
and that he was old enough to retire.
Schoenhut said Tuesday he has
decided to remain as prosecutor for
"dozens of reasons."
He said people who had worked
for him and supported him in his
election efforts had asked him to re-
main as prosecutor.
"That was a major reason; I felt a
little guilty," he said.
Schoenhut told the commissioners
of his intentions last week, and he
formally announced his intentions
Tuesday morning.
Schoenhut rescinds his resignation
CASCADE — Valley County Prosecuting Attorney
Larry Schoenhut Tuesday rescinded the resignation
he submitted to the Valley County Commission ear-
lier this month.
Valley County Clerk Lee Heinrich said Tuesday
afternoon that he was given the letter at about noon,
and that Schoenhut told him he was committing to
the balance of the four -year term he was elected to
about a year and a half ago.
Schoenhut couldn't be reached for comment
Tuesday afternoon, but had indicated last week that
since submitting his resignation he had taken some
heat from supporters who elected him to office.
Heinrich said that Idaho law is quite clear on the
matter and that such public officials can rescind their
resignations up until they take effect.
Schoenhut's resignation was to take effect Nov. 2.
Following submission of his resignation, Schoenhut
said it was because he was tired. However, his res-
ignation carne about two weeks after Deputy Prosecutor
Jonathan McCrone had submitted his resignation.
Following Schoenhut's resignation, McCrone agreed
to stay on, and had actively sought to be Schoenhut's
replacement as the county prosecuting attorney.
McCrone said Tuesday that he and Schoenhut
have worked out any differences they had regard-
ing workload in the office, and he intends to stay in
his post as deputy prosecuting attorney.
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Schoenhut resigns,
again, as prosecutor
BY JEANNE HEINS
The Star-News
Valley County Prosecuting Attorney
Larry Schoenhut has decided to retire with
one year left in his term.
In his letter of resignation to Valley
County Clerk Lee Heinrich, Schoenhut, 65,
said his last day of work for the county will
be Dec. 1.
"I'm raising my 15- year -old grandson and
I want to take some time to spend with him,"
Schoenhut said. "I'm afraid that between
dealing with both the office and
my family, I'm doing neither job
well."
Schoenhut's decision to retire is
the second time he has submitted
his resignation in the last two years.
In July 1994, Schoenhut resigned
and then one week later, rescinded
his resignation, citing he felt an
obligation to finish the remainder
of his term for the people who had
elected him.
Schoenhut said he hopes Valley
County Deputy Prosecutor Robert
Williams, who was hired in Sep-
tember 1994, will replace him.
",`Robert is an 'excellent court-
room attorney and has been han-
dling his duties well," Schoenhut
said.
Between now and Dec. 1, the
Valley County Republican Central
Committee will meet and submit
three names 'of suitable candidates
for Schoenhut's position to Valley
County commissioners.
The commissioners will then ap-
point one of those three people to
fill Schoenhut's, position for the
remainder of his current term.
His replacement must have lived
within the county for at least 30
days prior to being appointed as
prosecuting attorney.
The primary election for the
prosecutor's office will be held in
May, 1996, with the general elec-
tion set for November. The new
term for county prosecutor begins
in January 1997.