Payette prosecutor picked for judge position
By JESSICA KELLER
ARGUS OBSERVER
Tuesday, June 30, 2009 10:02 AM PDT
PAYETTE — Beginning in October, Payette County Prosecutor Brian Lee will assume a new role in the Gem state judicial system — that of magistrate judge.
Lee confirmed Monday he was selected Friday by the Third Judicial District Magistrates Commission to assume the position of magistrate judge for Payette County beginning Oct. 1, when Magistrate Judge William Dillon retires. Lee was one of 20 applicants who declared interest in the position.
Lee will serve out the remainder of Dillon’s four-year term, which began this year after Payette County voters approved his retention as magistrate judge in 2008. Lee also has a little more than three years remaining on his term.
“I believe I can serve the citizens of Payette County well as the magistrate,” Lee said.
He said, it is rare to gain the opportunity to serve as judge, and it was a slot he was interested in.
“Well, I think it’s a new challenge, and I think it’s a new opportunity to serve Payette County and its citizens,” Lee said.
Among the qualifications for magistrate judge, people must be at least 30 years of age and must be an attorney for at least five years and reside in the county in which he or she is appointed.
Lee, who maintains a small private practice in Fruitland, will no longer be able to assume private cases, but he expects his workload as magistrate judge to be more than enough. Nor does he think he’ll be any more or less busy than he is now as prosecuting attorney.
“It’s working in the judicial system in a different capacity, and I think that’s interesting, and I’m very excited to do it,” Lee said. As a magistrate judge, Lee will have jurisdiction over cases involving infractions, misdemeanors, felony preliminary hearings, estate and family law cases, among others. It will be a very different role than that of prosecuting attorney, which Lee said he has enjoyed very much.
“Well, like other roles in the judicial system, each position has its advantages,” Lee said, noting the prosecuting attorney’s ability to make discretionary decisions on how cases will proceed through the judicial system. “And I think everyone has an obligation to serve the community they live in, and being prosecuting attorney allowed me to do that.”
Lee, who turns 38 next week, said he will miss trying cases because he is a trial attorney, but he is also excited about the upcoming change. Lee, an attorney for 10 years who lives in Fruitland with his wife and two children, grew up in Payette County and moved back to the area in 1999 after being away for about 10 years. During that time, Lee received his undergraduate degree from Boise State University and his law degree from the University of Idaho.
Lee, who has served as Payette County prosecuting attorney for a little more than four years, said a new prosecuting attorney will be appointed to fill out the remainder of his term when he assumes his new position. He said after considering a list of viable applicants, the Payette County Republican Central Committee will forward three names of people interested in becoming prosecuting attorney to the Payette County commissioners, who will appoint Lee’s replacement.
