Many people in Valley County know me.  I’ve lived and worked here 30 years now.  I love the area and until my wife left me in late 2007, I would have kicked anyone who said a doubtful word about the judicial system.   I was raised to respect these positions and to look up to all that we enjoy as Americans, and this starts with the local leaders who give so much.  Especially, if anyone were to have told me that someone in the legal system lied – heck, I would have thought that person to be outright insane.  It’s a thing I suspect most people believe.  We are taught that problems are solved at Court, where integrity exists and rules matter.   We want it to be true.

So here I am today part of this new organization, Ethics in Idaho.  I am the same good man that most of you know.  I am not as naïve, though.  My most recent wife, Donna, and I didn’t really fight and she just left.  I know people tend to grow apart and even though I was not real pleased, I pretty much entered into the divorce as though we would work things out together in a fair manner.  I’m from a generation that believed in marriage so have done it over and over, even when it didn’t work.  Donna and I both had multiple marriage/divorces.  It never was easy to get divorced, but it had never been a long drawn out process, either.  We had both done this before. 

I did own my home and a separate piece of land before I met Donna.  My home has been the biggest thing we have not been able to settle on, and the process and the people in it have unnerved me to the point of anger and frustration that has not been typical in my life.  Donna’s attorney is Todd Wilcox who I didn’t know before.  Our first Judge was Judge Cherin, because Judge Boomer and I have worked in Optimist together and he could not accept the case.

This is something I see as a bit more whimsical now that I learn Judge Boomer stayed involved with Jerry Winkle’s case (see EI, Local Conflicts of Interest Program).  I will tell you I am not here to talk down Henry Boomer, the man.  I consider him, not the Judge, to be a friend.  Nor will I lie.  Unfortunately, separate from Optimists, I’ve learned that some things need to be watched at the court no matter what.  It simply works better, like most things, with proper oversight.    

So it was, though, that Donna and I ended up with Judge Cherin.  Early in that process, I was ordered to pay spousal support of $1,000/mo.  I was not present at the hearing because it was designated a “status conference” and I was told I didn’t need to be there.  There was no motion in the file, but the Judge approved Mr. Wilcox’s verbal request.  I made an ISB complaint and one to the IJC as well.  The IJC is not resolved, but the ISB was told by Mr. Wilcox that he “recollected that he had filed a motion”.  The Judge probably has a different excuse since he had the file in front of him and should not be making orders based on supposed paperwork that was not even in the file.  My attorney at the time, noted this in a letter to me as well calling it a flagrant disregard for the procedure. 

Well, things went on and nothing was resolved.  We tried mediation and I am not clear on how that is normally supposed to work, and cannot identify exactly why it didn’t.  Donna and I have always been far away from each other in the numbers for what I am to pay her for my own home (clearly separate property and eventually paid in full with proceeds from separate property). 

Eventually, we had a hearing in the Summer of 2008, again before Judge Cherin.  My attorney drove up from Nampa and we arrived at the Court ten minutes early.  The clerk let us know the Judge had just left.  The Judge actually just went home.  He mentioned that he didn’t want to wait and needed an early start on his drive that day.  Donna was not there, Mr. Wilcox is at the court daily.  This didn’t impact anyone but me in the form of thousands of dollars. 

Later in November of 2008, we finally had a trial.  This was pretty unnerving and uncomfortable.  There wasn’t really any activity in open court or facts brought forward.  Mr. Wilcox, my attorney and Judge Cherin went into chambers for a long time.   When they came out, my attorney was a completely different person.  He had prepared a trial brief, but now wanted me to do whatever they wanted (in different words), essentially to agree to whatever Donna had asked for through Mr. Wilcox.  It seemed he’d lost as the Judge had made it clear to him in chambers how he’d rule if things proceeded.

My attorney worked me over long and hard and then the Judge went on record and set forward a couple of options, none of which included me retaining the house as separate property.  He pretty much baited me that he would put my house for sale if I didn’t come up with something to satisfy Donna.  I was so worn down that I made a stipulation that was confusing to me, even at the time.  It just seemed like to saying “yes” was the only way for me to stay in the house.  Of course, I want that since I built it myself and even though it’s a humble little place, I have always cared for it.   

Mr. Wilcox, the court, my attorney; it was a lot like used car salesmen putting together a deal.  The value of my house was never verified.  None of Donna’s personal circumstances or income were evaluated.  It was pretty one sided.  Because I truly didn’t have the means to perform any of what they expected, there were provisions made for incremental satisfaction, collateral and interest, and eventually some payments right on through and after my death (as a result, I guess, of selling the house). 

I didn’t know if I was to get the collateral back, what the house was really worth or understand why I had to pay her so much for my own property anyway.  I was unable to explain to anyone the terms, either, until the draft decree came.  Black and white helps a lot.  I went about learning if I could borrow money.  This was dangerous because I could not pay it back.  I am 73 now and retiring for age reasons, as well as there has been a serious impact on the insurance industry with the economy. 

I tried to stop the decree from being made and wrote to my attorney and the court that I could not perform, and that I also didn’t think it was right.  Judge Cherin forced my attorney to prepare the decree.  Because of what had happened at court that day (not even on the record because of all the activities that were in chambers and off the record); well, my attorney was terminated/withdrew in mutual dissatisfaction of one another.  I still have a big bill to him. 

I am really disappointed that he gave up and because he did, I guess I thought I had to eventually as well.  It was a tough time.  I didn’t know what to do and some time went by.  Additional evidence came my way about some assets Donna had that were not disclosed in the interrogatories.  This is giving me some hope to revisit the property distribution, as the magistrate court has reopened the case and we are in that mode right now.  I am currently without an attorney, but had some paralegal help for awhile. 

The paralegal created some paperwork based on legal advice that I went back to my original attorney for.  One of my friends has also helped me by typing some letters and trying to keep in communication whenever I think I need to.  Mr. Wilcox accosted the paralegal at court and scared him away from helping me further.  Mr. Wilcox, we believe filed a complaint with Matt Williams (who made this known) against my friend for typing.  Mr. Williams indicated that he received a complaint against her for a misdemeanor charge called “the unlawful practice of law”.   Of course, who filed the complaint is currently being withheld; but if I were a betting man… well… over time, the truth prevails.   

The letters that Mr.Wilcox writes to me are threatening and he once talked about “the lid to every canning jar in the house”.  It just seems so ludicrous to me, that I have formed the opinion Mr. Wilcox believes he can manipulate the court beyond his clients legal rights based on his regular presence there.  This is what I truly believe, and it is thought by me and some of the EI group that Mr. Wilcox’s private cases never seem to resolve effectively because the parties don’t ever agree.  It’s a sad thing when something so unworkable is forced onto people by the court potentially because of who is representing one party. 

In my opinion, Mr. Wilcox did not ever negotiate on a truly willing and good faith basis with any of my attorneys or me.   He did not answer anything on time and increased my legal fees dramatically because of this.  His client recently skipped a deposition.   He has attempted to have me charged with contempt of court and jailed.  When he files papers with the court, he doesn’t mail them to me.  When I mail him documents, he says he never got them. 

Mr. Wilcox is the Valley County Public Defender, and he is allowed to represent private clients while performing his contract.  However, there are plenty of public records to support his having left clients in jail while he gave my and Donna’s case and other private cases his time and attention.  Donna Elder, specifically, she spent a severe and lengthy amount of time in jail all throughout this period.  Mr. Wilcox was her attorney. 

I could be wrong about some things, but it is hard for me to imagine that my and Donna’s divorce would still be unresolved if she had obtained a different attorney than Mr. Wilcox.  My eyes have been opened as to what really happens in the legal system, and I think we can do better.  In the end, I am an Optimist.  

Fall of 2009 - My request to reoopen the division of assets was denied by Judge Cockerille.  Donna had no evidence to support her statements, and I brought a witness, to no avail.  I am to pay Donna for my own home that was and has always been separate property.  I do not have the money they require during my lifetime, due now, and there is another sum payable after my death that my family will have to deal with.   The bank is skeptical that I can borrow, as I cannot repay any loan on my limited income.  I live on social security for the most part and my home was supposed to be mine to live in during this time.  If I am able to borrow, but unable to pay- the risk is homelessness.  

January of 2010 - I received a judgement for Mr. Wilcox's legal fees, signed by Judge Cockerille.  I was unaware any request was before the court.  Wilcox has a history if submitting the mailing certificates, without sending the mail - and tried this many times during the divorce.  It seems nobody "in charge" such as the Judges really care.  These types of techniques are not disciplined as they should be.  The process is only as ethical and good as the people in it.  

February of 2010 - I am trying to accept what has happened, and deal with the fear of not being able to comply.  My health is being impacted.