A recent Idaho Public Television on-line POST by reporter Seth Ogilvie seems to make it appear that former Boise Mayor Brent Coles was not eligible to run for office due to a plea bargain 16 years ago.
However, in about the 20th paragraph of the story, Ogilvie quotes several attorneys who explain the original agreement was unenforceable and the judge exceeded his authority.
“The Court cannot enforce a condition beyond the time that it has jurisdiction,” said Tara Malek, owner of the Idaho law firm Smith + Malek. “Here, the court retained jurisdiction over Mr. Cole for three years.”
“Indefinitely and permanently” is longer than three years.
“As a result of completing the terms,” said Idaho’s former U.S. Attorney Wendy Olson, “my view is that the condition of not running for office is no longer binding, if it ever was.”
The GUARDIAN agrees with the lawyers and notes the misdemeanor conviction and probation debt have long since been “repaid to society.” Coles is among six candidates challenging incumbent Mayor Dave Bieter in the Nov. 5 election.
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