Elgee one of 3 applicants for
judge
By GREG MOORE
Express Staff Writer
Three applicants for the position
of 5th District Judge in Blaine County received probing but cordial
treatment by the Idaho Judicial Council during interviews Wednesday. One
of the applicants is Magistrate Judge Robert Elgee, of Hailey.
The interviews, open to the
public, were the first step in finding a replacement for retiring
District Judge James May. The seven-member council, chaired by Idaho
Supreme Court Chief Justice Linda Copple Trout, will recommend an
applicant to Gov. Dirk Kempthorne, who will make the appointment.
Robert Elgee
May, 78, retired after 17 years on
the bench. He is spending the last six weeks of his position to use up
accumulated vacation time. Visiting judges are filling in until a
replacement is appointed.
Other than the chief justice, the
judicial council consists of three attorneys appointed by the
commissioners of the Idaho state bar, and three non-attorneys appointed
by the governor and confirmed by the state Senate.
Competing against Elgee for the
position are two Twin Falls attorneys, Thomas Kershaw Jr., and Richard
Greenwood. Neither have served as judges, but Idaho law does not require
applicants for district judge to have first served as magistrates.
Magistrates hear misdemeanor criminal cases and relatively minor civil
cases while district judges hear felony criminal cases and major
lawsuits.
In response to questions, Elgee
told the council that he considers his greatest virtue as a judge to be
his patience.
"You can’t be short with people,"
he said. "They want to know that you’ve listened to their case."
Elgee also said he is an optimist
about human nature.
"I try to see the good in people
while at the same time harboring no illusions," he said.
Greenwood has been an attorney in
the Twin Falls area since 1977, and has served as prosecuting attorney
for Kimberley, Filer and Buhl. He currently specializes in commercial
law, and is vice-chair of the Idaho State Bar’s commercial law and
bankruptcy section.
Greenwood told council members
that his primary goal as a judge "will be to require decorum in the
courtroom and to give everyone the respect they deserve while dealing
with one of the most powerful arms of the state."
He said he believes all judges
must decide cases in accordance with the law, even when the public is
clamoring for a contrary result.
Greenwood, who has twice before
applied for judgeships without success, emphasized that he is not
seeking the job as a way to slide into retirement.
"I think I could contribute as a
judge," he said. "I’m not taking the job because I want to live in the
Wood River Valley—I don’t ski."
Kershaw, asked what passion he
would bring to the job, said that after years working as an attorney, he
is still thrilled about the American system of justice.
He also told the council that he
believes he is better suited to being a judge than an attorney.
"I’d like to achieve a right and
just result (rather) than be an advocate for one side," he said. "I have
the capacity to be very objective and open minded. That is a quality
that occasionally drives clients crazy."