Wednesday, May 5, 2010

Elgee says he's willing to make tough decisions

District court judge challenged by Hailey attorney


By TERRY SMITH
Express Staff Writer

Judge Robert J. Elgee, who has been challenged for his district judge position by Hailey attorney Douglas Werth, says a judge’s job is to make the right decisions rather than the “politically correct” ones. Photo by David N. Seelig

Blaine County officials harshly criticized Judge Robert J. Elgee two years ago when he ruled against their wishes on the then-controversial Cove Springs development plan. Elgee was even accused of "judicial activism" for striking down several county ordinances he determined to be illegal.

Two years later, as Elgee faces re-election for his 5th Judicial Court judge position, he said he stands by his decision on the case.

"Even if it cost me my job, I'd make the same decision today, because it was the right decision," he said. "Once I got into the case, I did what I had to do. What I've found out subsequent to my decision is that the county knew they were on thin ice, but they did it anyway. Once it got to me—the buck stops here.

"I'm willing to make hard decisions, and frankly I think that's what got me into a contested race."

Contested judge elections are not the norm in Idaho, but Elgee finds himself squaring off this year against Hailey attorney Douglas Werth. The voters, of not only Blaine County but of the entire eight-county 5th Judicial District, will settle the matter at the May 25 primary election.

At 59, Elgee has been a judge in Blaine County for 18 years, 12 of them in magistrate court and the last six in district court.

Werth claims more expertise in land-use issues, but Elgee said he handles numerous other types of civil cases, including lawsuits on negligence, medical malpractice, product liability, contract disputes, construction defects, and liens and foreclosures.

"Those are not the cases I've ever seen Mr. Werth on, quite frankly," Elgee said. "I have not seen Mr. Werth on any civil cases in trial. In fact, I have not seen Mr. Werth in trial on any criminal cases since he was a prosecutor."

Werth has also claimed that Elgee doesn't always show "judicial restraint," a concept that Werth described as "following the law, but not making the law."

Elgee said it's a judge's responsibility to interpret laws.

"That's the essence of law—arguments about what it means," Elgee said. "That's why there's litigation and that's why there's attorneys. If it were clear, everyone would understand it.

"The No. 1 job of a judge is to call a spade a spade," Elgee said. "If a law is unconstitutional, or if a government body, or a police officer, or party acts in an unlawful manner, you have to make the call. I always say my obligation is to do the right thing, and it doesn't matter if it's popular, it doesn't matter if it's politically correct, you have to do the right thing."

Elgee said his role on the bench is to serve as a "referee."

"I don't come to court with an agenda," he said.

Elgee said a lot of people in Blaine County think he's doing the right things on the bench. A list of endorsements gathered by Elgee supporters contains the names of more than 175 Blaine County residents. On the list are the names of most of the top law enforcement officers in the county, including all three of the valley's police chiefs.

Also listed as endorsers are 37 Blaine County attorneys.

"The attorneys are there all the time and have a good idea about what's happening in court," Elgee said. "I don't think the attorneys would back me if I wasn't doing a good job."

Elgee said one of his proudest accomplishments as a judge was helping to found Blaine County's drug court, established three years ago to provide treatment rather than incarceration to people convicted of alcohol or drug crimes.

"It's one of things that gives you real satisfaction as a judge," Elgee said. "In drug court, you get to see people whose lives have generally been wrecked by drug addiction or substance abuse, and you get to see them change from week to week. We have seen some amazing changes in people—that's something that's very satisfying to watch."

Terry Smith: tsmith@mtexpress.com




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