Commission says removal of judge wasn’t necessary

IDAHO FALLS – Members of the regional commission charged with selecting magistrates in eastern Idaho say his record over 18 months on the bench worked to offset misconduct charges against James Archibald, who resigned just two weeks before his probationary period ended.

“If there would have been reason to take him off the bench immediately, that would have happened,” said Madison County Commissioner Roger Muir, a member of the Magistrate Commission for the 7th Judicial District.

Muir did not attend the May 12 meeting at which the commission, primarily composed of local elected officials, narrowly voted to keep Archibald on the bench despite the allegations that he was drunk in public and groped two women at a juvenile drug court conference last year in Florida.

But other commission members who were at the meeting spoke to the Post Register in Idaho Falls on condition of anonymity, citing Archibald’s solid record since he took the bench in January 2003 and expressing concern that his accuser did not appear.

Archibald has refused to comment on the charges. His resignation on June 16 occurred as the Idaho Judicial Council was considering the complaint. The council handles disciplinary actions against judges and magistrates.

One commission member who supported Archibald’s dismissal told the Post Register that since the commission hired him, it was responsible for dealing with the allegations. Under the magistrate law, regional commissions fill vacancies by appointment and then review the selections after 18 months. Magistrates who clear probation must then stand for retention by voters at the next general election.

Other commissioners told the newspaper they wanted to see what the Judicial Council turned up in its inquiry before acting.

“It was basically a matter of just getting more information,” Bonneville County Commission Chairman Roger Christensen said.

In a letter to the editor, published earlier this month in the Post Register, Archibald acknowledged the allegations against him but blamed his resignation on depression and the pressures of the bench.