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Idaho Enterprise

Changes in the County Prosecutor’s office

Newly seated Judge Cody Brower with his father Orene Lynn Brower and other 6th District judges

At Monday’s County Commissioners meeting, the board conducted interviews with several attorneys and firms to fill the prosecutor’s position in the county until the election in 2024.  The firm of Fuller and Fuller, based in Preston, was selected as the firm that was best able to meet the county’s legal needs.  

Due to the appointment/hiring process for a replacement prosecutor, the county was in the position of determining which range of services offered by those who applied for the position matched with the job requirements best.  Some of the considerations included proximity, experience, and ability to commit to the county.  None of the firms or attorneys were local, with candidate Rocky Wixom currently working in Fremont county, Peters Wells being based in Burley, and Fuller and Fuller being located in Preston.  Fuller and Fuller’s closer location and familiarity with the region was considered a plus, as well as the range of experience they bring to the table.

Ethan Rawlings is a young attorney with the firm, whose primary experience is with the criminal prosecution areas of the legal system.  Lyle Fuller has extensive experience with the civil law side of the equation, which is equally important to the county.  Fuller has worked for decades with planning and zoning issues, development codes, land use cases, and many other aspects of civil law that will be central to the operations of the county moving forward.  Both will be available to handle cases for the county, though Rawlings will likely be the point person.  All attorneys interviewed had experience with criminal law, though the focus on defense clients was seen as a potential negative with regard to membership in the Idaho Prosecuting Attorneys Association.  (The IPAA does not accept members who are currently working as defense attorneys.)  Some questions about acting as both a defense attorney and a prosecutor were raised in terms of conflict of interest, as well as potential conflicts with law enforcement.  Fuller and Fuller stated that they would cease their defense work upon acceptance of the contract with the county, which was something the commissioners had hoped to hear from candidates.

Questions were also asked about the candidates' views on Constitutional issues, past relations with law enforcement, the importance of various aspects of the criminal justice system, and providing counsel to the commission on routine matters.  At the end of the process, the commissioners unanimously voted to offer the contract to Fuller and Fuller. 

Fuller and Fuller will fill the role of Prosecutor until an election for the position is held next year.  A decision about whether to announce candidacy for the office will need to be made by next spring, and whether Rawlings or Fuller will look into seeking the office remains to be seen.  Interviews for the position of legal secretary in the prosecutors office will be held in the upcoming weeks.  

Fuller and Fuller will begin their contract work with the county in December, taking over for Vic Pearson of Franklin County, who was been temporarily filling in as former County Attorney Brower transitions to his new position as District Court judge for District 6, seated in Soda Springs

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