Open Letter to District Judge Barry McHugh

Opinion by Tina Stevens, Chair JCP Concerned Citizens

Dear Judge McHugh, 

Citizens of the Coeur d’Alene have taken note of your many years of service to the people of North Idaho. You have experienced widespread support. Many have come to you for help. Now that you are the administrative district judge for Idaho’s First Judicial District we believe one of the most important actions of your career lies before you.

The Idaho State Bar has described Kootenai County as “the Wild West,” expressing disbelief over court happenings in the northern part of the state. Over and over again we have heard Kootenai County described as having the most corrupt court system in Idaho. State legislators we have met with are extremely concerned. Local attorneys have expressed alarm and a number have filed complaints. The state of the Kootenai County Courts has sent many careers in different directions away from this system, robbing our government and citizens of sorely needed talent and expertise. 

The situation is at a boiling point now. Now that the Court is openly displaying unfair labor practices to its highest paid and most respected employees, there is no reason for litigants to expect justice for themselves. Now is the time to address the root of the problem and take action. 

It is patently unfair for one magistrate judge to essentially be excused from all criminal cases at the expense of the other magistrate judges because of his inappropriate and unconscionable behavior. Every woman entering Judge Clark Peterson’s court, whether attorney or litigant, risks the trauma and fear of being sexually harassed. News has spread throughout the county of Peterson’s violations of the Judicial Code of Conduct (Canon 1, Rules 1.2, 1.3). Stories of Peterson stalking a court employee outside of working hours, emotional, inappropriate and erratic behavior in court (going back 15 years) as people’s lives hang in the balance beg the question as to whether we are witnessing the greatest comedy or the greatest tragedy in the history of the Idaho courts. Numerous news articles continue to be published. Social media is on fire. Litigants are assembling for a class action lawsuit against the State of Idaho for knowingly keeping such a man in authority over our citizens. The lowliest to the most powerful have been affected. Great harm has come to our society and made the judiciary a great big joke. 

Any employer in the private sector would have fired this man long ago. We have amassed documentation of a large body of violations of office committed by Judge Clark Peterson. We have witnessed him rule against the Idaho Supreme Court and thumb his nose at the rule of law, precedent, and procedure. He has destroyed families and children who came to him for help. His immoral, chaotic personal life is a shameful example of what we must shield our children from. 

It is no surprise Kootenai County Courts have trouble attracting talented new judges. A well-run, fair system attracts the best of the best because those who believe in their oath’s mission are given the chance to make a difference. Setting the bar high affects everything and everyone for the better. 

The federal government and many states across the union are investigating corruption and cleaning house right now. It is time for an external investigation to begin on the internal workings of Judge Peterson’s court. We owe it to our citizens. The Idaho Judicial Code of Conduct demands it. 

Actions you can expect to see are a flood of new complaints with the Idaho Judicial Council, more disqualifications without cause in Peterson’s court by new litigants, additional news articles, lawsuits against the State and the unprecedented action of impeaching Judge Clark Peterson before the Idaho State legislature. Attorneys are ready to make this happen. We have the evidence and the resources. 

I believe you can get the ball rolling with the Idaho Judicial Council to address this problem of which they are very familiar. If the Court does not police itself it will come through other means. This won’t be good for a system we want our citizens to respect.

Sincerely, Tina Stevens, Chair

jcpconcernedcitizens@gmail.com