BLACKFOOT — Bingham County Sheriff Craig Rowland will be allowed to keep Justin Oleson as his attorney after a judge dismissed a motion to disqualify Oleson.
The Idaho Attorney General’s Office had motioned for Oleson to be removed, arguing that his representation of Rowland created a conflict of interest because Oleson also is the prosecutor for Custer County.
In the motion Lead Deputy Attorney General Jeffrey Nye argued that Oleson could not act as a defense attorney because he was representing the State of Idaho as a prosecutor, but defending clients against the state as a defense attorney in Bingham County.
District Judge Stephen Dunn indicated he was more concerned about Oleson’s involvement harming Rowland, rather than the state government. He questioned Rowland about whether he understood the potential conflict.
Dunn said he didn’t want to deal with an appeal if Rowland was convicted that was based on the argument that Oleson should have recused himself. Rowland told Dunn he had confidence in Oleson as an attorney and that an appeal would probably not be based on Oleson’s performance in court.
Oleson said he had acted as a defense attorney since he was appointed as Custer County Prosecutor in 2016. He disagreed with Nye’s assertion that the state of Idaho was his client, saying that while he was acting on the state’s behalf, he did not consult with the state on cases and was paid by Custer County.
Nye indicated he would appeal Dunn’s decision, saying he shared the judge’s concerns about Oleson’s defense work coming up as potential reason for an appeal.
Both Oleson and Dunn noted the case was not the only time a prosecutor had motioned for his removal as a defense attorney due to his work as Custer County Prosecutor. Nye said he hoped an appeal to a higher court could settle the issue.
Rowland is charged with aggravated battery, punishable with up to 15 years in prison, aggravated assault, punishable with up to five years in prison, and exhibition or use of a deadly weapon, a misdemeanor.
Rowland was charged after he reportedly stopped a church group who had left a Thanksgiving card at his door in November and reportedly grabbed the group’s chaperone by her hair, pulled her out of the car by force and threatened her by pointing a gun at her head. He also reportedly pointed the gun briefly at two children. Rowland had admitted to investigators that he had a drink that night, though he denied that he was intoxicated.
Rowland has continued to work as sheriff during the case despite calls for his resignation, in part because he blamed his actions on the possibility that the group could have been “drunk Indians,” though he is not allowed access to firearms.
A jury trial was tentatively scheduled for July 18, though both attorneys indicated they may would have to work to see if they could make the date, or set another date that worked for all parties.