Friday, May 14, 2010

Werth ad is false

In considering which judicial candidate to vote for, the public should be aware that the paid advertisement for Doug Werth falsely described a decision by Judge Elgee as being reversed for lack of jurisdiction. l was one of the attorneys of record in the case involving a completely justified award of $44,000 against Blaine County for attorney's fees.

The underlying decision by Judge Elgee in that case was subsequently reversed by the Idaho Supreme Court for reasons never asserted by Blaine County. A lack of jurisdiction was, however, not a reason given by the Supreme Court for its decision. As a matter of fact, the term "jurisdiction" is not to be found in the decision by the Supreme Court. Accordingly, any inference from the advertisement that Judge Elgee decided the case without the power or authority to do so is neither fair nor otherwise warranted.

Edward A. Lawson



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