Idaho State Bar v. Dodge(In re Dodge)

Opinion

 [*217]   [**364]  BURDICK, Justice

Shari A. Dodge, former Canyon County Deputy Prosecuting Attorney, appeals a ruling by a hearing committee of the Professional Conduct Board of the Idaho State Bar recommending that she be publicly reprimanded for making a false statement of material fact to a tribunal in violation of I.R.P.C. 3.3(a)(1), and for failing to disclose known material facts to a tribunal in an ex parte hearing in violation of I.R.P.C. 3.3(d). We affirm the hearing committee with respect to Dodge's violation of I.R.P.C. 3.3(a)(1), but reverse the finding that Dodge's statement violated I.R.P.C. 3.3(d).

FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of a probable cause [***2]  hearing before a magistrate judge. The purpose of that hearing was to determine probable cause for a crime and whether a warrant with an appearance bond for David Ford should issue. Ford had been in an ongoing dispute with Susan Sherman, an adjoining property owner, concerning the use of irrigation water. Ford asserted Sherman improperly used the water system by neglecting to divert the water after irrigating, resulting in repeated flooding of his property. Ford directed an employee to weld the headgate shut to prevent Sherman from accessing irrigation water. Sherman reported the incident to police, and had a friend break the weld. A few days later, Ford again instructed an employee to weld the headgate shut, and Sherman again notified the police.

Because of Ford's conduct in welding the headgate shut, the Canyon County Prosecutor's office filed a criminal complaint against him, alleging two counts of malicious injury to dams, canals and other structures, a felony pursuant to I.C. § 18-7019. At the ex parte probable cause hearing held before the magistrate on June 8, 2000, Dodge represented the County. The court found probable cause that Ford had committed [***3]  the offenses as charged. Dodge then requested that rather than issuing a summons, the court issue an arrest warrant for Ford along with a $ 100,000 bond. The magistrate asked Dodge why she was seeking an arrest warrant as well as a bond set in that amount. Dodge stated:

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