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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. fry 20 ,4l1 )6,11p y 4k06-4> $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. Gr L vnq Ya //PI f-/ClyvcQ -f'C- - i//0 $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. r=r- F --S?ar-ly-�*rvS- t/ //4/gr 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.