Idaho judge recuses himself after evicting stinky defendant

SANDPOINT, Idaho — A northern Idaho judge has disqualified himself from hearing nearly 300 civil and criminal cases until a complaint is resolved alleging he wrongfully evicted a man from the Bonner County Courthouse because of the way the man smelled.

First District Judge Steve Verby of Sandpoint voluntarily recused himself from 220 criminal cases and 54 civil cases on his calendar last week because the lawyers involved in the cases are investigating the complaint against Verby filed by Steven Aver of LaClede.

Aver, who has a long history of acting as his own attorney in a string of legal battles with local officials, said he was confronted by bailiffs and told to leave on Jan. 27. It happened again on Feb. 7, even though he says he had showered and was wearing clean clothes. On Feb. 8, he was allowed to remain in the courthouse after passing what he calls a "smell test."

Courthouse workers say Aver's odor makes them nauseated. He has dogs and has at times smelled of their feces, workers told the Bonner Daily Bee newspaper.

But Aver argues he cannot legally be barred from a public courthouse because of the way he smells.

"That's not something you can remove somebody for," he told the newspaper. "You can't just grab someone and throw them out because they smell."

Verby declined to comment yesterday on the complaint Avers filed against the judge, which alleges numerous felony and misdemeanor offenses, including false imprisonment, assault, battery, criminal conspiracy and disturbing the peace.

Karlene Behringer, 1st District trial court administrator, said Verby opted out of the 274 cases while Bonner County Prosecutor Phil Robinson and Coeur d'Alene attorney Peter Erbland, appointed by the county as a special prosecutor, conduct an investigation into Aver's complaint.

"It would just not look right if he was hearing criminal cases in front of the prosecutor who has a complaint laying on his desk that involves him," Behringer said. "He absolutely did the right thing."

The recusal has thrown dozens of pending court cases into limbo, including the county's first homicide prosecution in five years.

"It could really screw things up if we cant get it straightened out quickly," said Robinson.

First District Administrative Judge Charles W. Hosack has yet to decide whether a single judge or a rotation of judges will handle the cases. Hosack could also assign the cases to a senior district judge, Behringer said.

"It is my belief that this will be quickly resolved and Judge Verby will continue to manage that caseload," Hosack said in a statement released yesterday. "In the interim, if Bonner County requires judicial assistance, we can provide a judge to Bonner County on a temporary basis when necessary."