When former Idaho Sen. John McGee walks into a courtroom on Aug. 21, he is expected to plead guilty to misdemeanor charges of disturbing the peace and probation violation charges for becoming sexually provocative to a female staffer, according to court records obtained by the Idaho Statesman Wednesday.
Ada County Deputy prosecutor Jean Fisher told 4th District Magistrate James Cawthon Tuesday she had been in close contact with McGees attorney, Scott McKay, and that McGee would plead guilty to both charges, according to testimony in a probable cause hearing that led to warrants being issued for McGees arrest.
There was no mention in the hearing about any kind of deal on a sentence. A sentencing hearing is set for Aug. 21 in front of Cawthon.
McKay didnt return calls Tuesday or Wednesday seeking comment.
The charges are the result of a sexual harassment complaint that cost McGee his Senate seat and his role in legislative leadership.
Cawthon issued an arrest warrant for McGee Tuesday morning. McGee turned himself in at the Ada County Jail around 6:30 p.m., posted a $1,000 bond for each charge and was released. McGee, 39, was a four-term senator from Caldwell and, until his resignation, the No. 4 Republican in the Senate.
Prosecutors say the incident occurred in McGees legislative office on Feb. 7.
McGee's office was adjacent to the Senate Majority Caucus meeting room, where McGee survived a Jan. 12 closed-door attempt to remove him from his leadership post after a DUI arrest in July.
The office is on the fourth floor, on the southwest corner of the Capitol. Since the building's remodel, the space receives far less foot traffic than when committee hearings were conducted nearby.
According to the arrest warrant, McGee willfully and maliciously disturbed the peace or quiet of a person, by offensive conduct. Prosecutors say that McGee used profane and offensive language and/or offensive conduct in the presence of a state employee.
Fisher said Tuesday McGee had become sexually provocative towards the female employee, but did not elaborate in court.
At first, the employee told her mother what had happened, but no one else. Around that same time, co-workers noticed the employee appeared unhappy, tearful, and crying often and asked her what was wrong, Fisher said. That eventually led to an Idaho State Police investigation, according to court records.
Senate officials said in February that another legislative employee brought the womans account to Senate leaders. They confronted McGee, who resigned Feb. 22, right before the news of the investigation broke.
Fisher said Tuesday that Senate leaders who talked to McGee told ISP investigators that McGee said he knew he had a problem.
The disturbing-the-peace case has been combined with the probation-violation case, which stems from McGees DUI last year.
McGee pleaded guilty to a misdemeanor DUI following a bizarre incident in which he got into someone elses SUV and crashed it.
McGee was placed on one year of unsupervised probation, which was set to be over July 1. The terms of that probation ordered McGee not to commit any other crimes.
Patrick Orr: 377-6219 Twitter: @IDS_Orr