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Judge withdraws from 274 cases Posted: Wednesday, Sep 28, 2005 - 08:42:25 am PDT By KEITH KINNAIRD News editor
Verby disqualifies himself after complaint filed SANDPOINT -- District Judge Steve Verby is disqualifying himself from nearly 300 criminal and civil court cases due to a pending complaint alleging he barred a Bonner County man from the courthouse because of the way he smelled.Verby recused himself Friday from 220 criminal cases being handled by the Bonner County Prosecutor's Office and another 54 civil cases involving either Prosecutor Phil Robinson's office or Coeur d'Alene attorney Peter Erbland. Both Robinson and Erbland are in the process of investigating allegations by Steven Aver, who said Verby had him ejected from the courthouse on two occasions last winter because he smelled bad.
Behringer said Verby opted out of the 274 cases while Robinson and Erbland are probing the allegations to avoid any appearance of a conflict of interest. "It would just not look right if he was hearing criminal cases in front of the prosecutor who has a complaint laying on his desk that involves him," Behringer said on Tuesday. "He absolutely did the right thing." It was not clear Tuesday who will take on the case load. Behringer said Administrative Judge Charles W. Hosack is expected to decide whether a single judge or a rotation of judges will handle the cases. Hosack could also assign the cases to a senior district judge, Behringer said. "It could really screw things up if we can't get it straightened out quickly," said Robinson. Some of the county's most high-profile cases populate the list of matters assigned to Verby, including the execution-style murder of a Bonner County man in Sandpoint last month. Aver's complaint arose after he was made to leave the courthouse on Jan. 27 and Feb. 7. Aver said bailiffs, acting on a verbal order from Verby, forced him from the building because of his odor. Courthouse workers say Aver's odor makes them nauseous. Aver has dogs and has at times smelled of their feces. Aver said he was confronted by bailiffs and told to leave on Jan. 27. It happened again on Feb. 7, even though he had showered and was wearing clean clothes. Aver was confronted a third time on Feb. 8, but allowed to stay after he passed what he called a "smell test." Aver contends he was unlawfully bounced from the courthouse because it is a public place subject to the exclusive control of the county commission. In addition, he argues Verby cannot bar him from a public place because of his odor. "That's not a crime. That's not something you can remove somebody for. You can't just grab someone and throw them out because they smell," he said. Aver's complaint lists a host of offenses, including assault, battery, false imprisonment, criminal conspiracy and disturbing the peace. An associate of Aver's, Jerry Goforth, has also filed a complaint alleging his rights were violated when a bailiff ordered him to turn off a tape-recorder in a courthouse hallway. Aver and Goforth bypassed the prosecutor's office and filed the complaints directly with the courts. Kent Merica, a magistrate court judge in Lewiston, reviewed the complaints and forwarded them to the city of Sandpoint and Robinson for investigation. Misdemeanor allegations were directed to the city, while the felony ones went to Robinson. City officials decided earlier this month to appoint Erbland as a special prosecutor. Robinson said no decision has been made regarding who will investigate the felony allegations. Hosack believes Robinson will ultimately dismiss Aver's complaint due to lack of merit. "Judge Verby does very well managing a large caseload in Bonner County," Hosack said in a statement released on Tuesday. "It is my belief that this will quickly resolve and Judge Verby will continue to manage that caseload. In the interim, if Bonner County requires judicial assistance, we can provide a judge to Bonner County on a temporary basis when necessary." POST YOUR OPINION
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Bonner County Daily Bee
P.O. Box 159 / Sandpoint, Idaho 83864 / 208-263-9534
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