Reporting from the middle stall, one of OpenCdA.com’s usually reliable (but occasionally just-off-the-mark) sources tells me that shortly after being sworn in this week as Kootenai County Prosecuting Attorney, Barry McHugh proceeded to swear in all his deputies as deputy prosecutors.  He then reportedly brought Kootenai County Legal Services back into the Office of the Prosecuting Attorney.

The swearing in of his deputy prosecutors may seem just a ceremonial formality, but to anyone who has ever taken an oath upon assuming public office or position, it is a solemn reminder of an obligation to uphold our Constitution and serve everyone diligently and honestly.   It also affirms for the courts that the deputy prosecutors have been properly authorized to represent the state and have accepted that responsibility.   It is not to be taken lightly.

In recent history people in Kootenai County may have come to believe that somehow the Legal Services attorneys were independent from the Prosecuting Attorney and accountable directly to the Board of County Commissioners.  Some County Commissioners may have incorrectly harbored that belief as well.  But Idaho Code Title 31, Chapter 26 makes it very clear that it is the duty of the Prosecuting Attorney:

To give advice to the board of county commissioners, and other public officers of his county, when requested in all public matters arising in the conduct of the public business entrusted to the care of such officers.

If our usually reliable source is correct about the consolidation, it is a reaffirmation of  the rule of law and an acceptance of his responsibility and accountability by the new Prosecuting Attorney.

Our source also told me that requests for public information from the Board of County Commissioners will now be reviewed by the Office of the Prosecuting Attorney.  To some that may seem to be an obstacle, but I see it as a step toward consistency in application of the Idaho Public Records Law .   The law imposes time limits that are not changed by insertion of the prosecutor’s office in the review process.  County employees are responsible for fully complying with the law, and it is logical that their recommendations for disclosure of public information would be reviewed for legality and completeness. 

I hope that Prosecuting Attorney Barry McHugh will set public education as one of his goals.  There is misunderstanding about the duties and responsibilities of the Prosecutor and his deputies.   While some in our community may believe that the Prosecutor himself must first and foremost be a dynamic, visible trial attorney, I believe his higher duty is to effectively and effeciently lead and manage the Office of Prosecuting Attorney by setting priorities, ensuring he has qualified and competent deputies; guiding and advising deputy prosecutors on case management and trial strategy and preparation; and making all the decisions expected of a professional 21^st century public administrator.   If Prosecutor Barry McHugh does this, he will set a high standard for other county administrators to attain.