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</o:shapelayout></xml><![endif]--></head><body lang=EN-US link=blue vlink=purple><div class=WordSection1><p class=MsoNormal>After a careful reading of the text (pertinent points bolded) it may be the case that Mr. McHugh <u>was not</u> personally responsible for the arrest warrant. Somewhere in the mix a judge had to sign off on it (it would be interesting to know who the judge was) and arguably it may well have been a staff member, not Mr. McHugh, who was involved in the process. I understand the concept that the person who heads an organization is ultimately responsible for actions carried out by the organization employees but in fairness Mr. McHugh might have been blindsided on this. On the other hand, one can legitimately wonder if there is a “hang them high” attitude in his office toward alleged offenders – even if they are nine years old. But, at this point, I don’t know if that is true. I’ll be looking further into that aspect of <i>Idaho justice</i> – which continues to be an ongoing interest of mine.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal> <i>"Recently in a Juvenile Justice case involving a misdemeanor Petit Theft charge, an arrest warrant was issued for a 9 year old juvenile. The case has been sealed by the handling judge, so I cannot communicate substantive details of the case. An arrest warrant can be issued by a judge <b>at my office's request</b>, when accompanied by a police officer's affidavit, when a child has missed scheduled court dates. In this situation unsuccessful efforts had been made to enroll the child and the child's parent in a diversion program, and subsequently the child and the child's parent missed court dates. </i><br><i>After reviewing the file today (Monday January 12, 2015) I have concluded that <b>my office's request to have an arrest warrant issued was a mistake</b> under the circumstances. At least one other viable option existed, which was to seek a court-ordered child protection investigation. That investigation would have resulted in information being available for the child's counsel, the Court, and my office, in order to make a better-informed decision as to the best course for the child. Knowing the child's age, the charged offense, and other circumstances in the case, <b>we</b> should have attempted this other option. <b>I have reviewed the matter with my Chief Deputy, Criminal Chief Deputy, and the handling deputy prosecutors, and have reiterated the importance of a careful review of the underlying circumstances before requesting an arrest warrant</b>, especially in cases involving children. I regret this having taken place and will do everything in my power to avoid this type of mistake in the future." </i><br><br><o:p></o:p></p><p class=MsoNormal>In any case, I believe I should not have fixed the blame on Mr. McHugh without more complete information. And, I apologize for suggesting that he alone was actively responsible for this miscarriage of justice and knuckle-headed thinking. A public records request may help to clarify who was responsible.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>Rose Huskey<o:p></o:p></p></div></body></html>