COEUR D'ALENE, Idaho — County commissioners are expected to choose Kootenai County Prosecuting Attorney Barry McHugh’s replacement at a special meeting Wednesday.
McHugh will resign effective Sept. 30. He’s set to take the bench in January, replacing Judge Lansing Haynes, who retired in May, as reported by our news partners, the Coeur d'Alene Press.
Because McHugh is a Republican, the Kootenai County Republican Central Committee will recommend to commissioners three potential candidates to replace him as prosecutor.
The finalists are county prosecutors Bryant Bushling and Stanley Mortensen, as well as attorney Donald Gary.
The other nominees, whose names will not be forwarded to the commissioners, were Chief Deputy Criminal Prosecutor Arthur Verharen and Sagle attorney Colton Boyles.
In Idaho, a county prosecuting attorney must be at least 21 years old, licensed to practice law in Idaho and a U.S. citizen.
According to an internet search, Gary, a former principal in the local firm of Winston & Cashatt, is a tax and business lawyer based in Post Falls. He previously worked in the Los Angeles area.
Gary sought to unseat McHugh in the 2012 Republican primary election. McHugh garnered 62% of the votes in the race.
Bushling faced criticism in 2016 after he commented on a Facebook meme that depicted a white police officer with the text: “If we really wanted you dead all we’d have to do is stop patrolling your neighborhoods… AND WAIT.”
Bushling originally replied: “Great point. Where the police are under attack from politicians, and the police become less aggressive, the murder rates go up. I say, let them have their neighborhoods. They will be like Rwanda in a matter of weeks.”
He later edited his comment to describe his time as a prosecuting attorney focused on gang activity in Los Angeles.
McHugh, Bushling's superior at the time, told The Press in 2016 that the matter called for education, not punishment.
"I know Mr. Bushling regrets the wording of the posts — we support law enforcement’s obligation to protect all citizens," McHugh said. "I take very seriously our duty to make decisions without reference to inappropriate bias. We have communicated that obligation to the deputy prosecutors."
McHugh also said in 2016 that he had discussed hundreds of cases with Bushling.
"Not once have I questioned his use of appropriate factors in making decisions. He is a rational, fair and highly ethical attorney with a distinguished career of over 30 years as a prosecuting attorney," McHugh said. "The posts will have no impact on his continuing ability to provide excellent service to Kootenai County."
Mortensen, of Post Falls, got his start as a detention deputy with the Kootenai County Sheriff’s Office.
While working for the sheriff's office, he graduated from North Idaho College and Lewis-Clark State College. He became a patrol deputy before leaving law enforcement to enter law school.
Mortensen ran unsuccessfully for a district judge position in May. He lost the nonpartisan election to sitting Judge Rich Christensen, who received about 61% of the votes.
At the time of judicial race, Mortensen had served in the prosecutor's office for nearly a decade.
At a meeting last week, Kootenai County GOP precinct committee members met to submit nominations and then vote to decide which candidates would go before commissioners.
GOP Chair Brent Regan said McHugh’s early notice of his intent to resign enabled the central committee to review some nominees in advance.
Regan said Bushling, Verharen and Mortensen filled out a questionnaire and were interviewed by a county GOP rating and vetting committee.
Because Gary and Boyles were not nominated until the night of the meeting, they did not go through the vetting process.
All five nominees had 10 minutes to address the committee and answer questions before two rounds of voting took place. The nominee with the fewest votes was eliminated after each round.
Regan told The Press that 45 precinct committeemen voted, following an executive session during which the committeemen discussed the candidates. Precinct committeeman is an office that may be held in Idaho by men or women.
When asked if he could share any information on the backgrounds of the three finalists or if there was any discussion about whether any of the potential finalists had ever prosecuted a hate crime, Regan said he could not discuss it.
"I am not at liberty to say what was or was not said during executive session," Regan said.
Commissioners will meet at 1 p.m. Wednesday at the county administration building. The meeting will also be streamed on the county’s YouTube channel.
The Coeur d'Alene Press is a KREM 2 news partner. For more from our partners, click here.
