Kootenai County commissioners allow clerk to hire outside counsel amid election-residency conflict

Kootenai County commissioners voted on June 25 to authorize the county clerk to hire outside counsel to handle an election-residency challenge after the county prosecuting attorney described an ethical conflict that could prevent his office from representing the clerk.

Prosecuting Attorney Stanley Mortonson told the board that Idaho’s constitution and statutes assign his office responsibility for prosecuting criminal cases and defending the county, but that the statutes allow commissioners to hire outside counsel only when a factual necessity exists and the prosecutor consents. Mortonson said he had previously advised the board of equalization and county staff on a related residency matter and that a recent election challenge raised the same subject, creating “at least [a] strong appearance of a conflict and likely a real conflict.”

Mortonson said that, because of that prior involvement, he and other attorneys in the prosecutor’s office would be ethically prevented from representing the clerk’s office in the new challenge. He asked the board to find the factual basis for a necessity so the clerk could retain outside counsel to avoid the conflict and to ensure the county has representation in the proceeding.

Following Mortonson’s statement and a brief opportunity for questions, a commissioner moved to approve Resolution 2026-70, which authorizes the clerk to hire outside counsel; another commissioner seconded the motion (the transcript does not identify who moved or seconded). The board recorded affirmative responses from Commissioner Duncan and Chair Matari, and the chair announced the motion carried.

The transcript identifies the party bringing the election challenge as “U Bay Kovac” (transcript also contains a second rendering as “Bail Kovac”) and names the candidate whose residency is being challenged as Allison Knap (appears elsewhere in the transcript as “Allison Naps”). Mortonson said the residency issue had previously been addressed before the board of equalization, where he provided advice. The record indicates the factual basis for the necessity was discussed in executive session; Mortonson summarized the situation in open session and recommended permitting the clerk to hire outside counsel.

No public comments were offered after the vote and the meeting adjourned at 9:48 a.m. The resolution was recorded in the meeting minutes as Resolution 2026-70; the transcript does not include the name of the proposed outside counsel or the identity of the motion mover and seconder.

What happens next: the clerk is authorized to retain outside counsel for the election challenge; further filings or hearings in that matter were not recorded in this meeting’s transcript.