Boise County Prosecutor Jolene Maloney was scheduled to be in court next week for a preliminary hearing on a felony DUI charge, but it was rescheduled to June at her request so that she can go to rehab, according to the special prosecutor handling the case.
Maloney, 40, was charged April 8 after a traffic stop in Garden City. She has a pair of misdemeanor DUI convictions, in 2012 and 2013, which makes the third charge an automatic felony under state law because it occurred within 10 years of the first.
Dan Norris, the district attorney in Malheur County, Ore., has agreed to serve as special prosecutor on the case. Maloney previously worked for the Ada County Prosecutor’s Office, so it’s not a surprise that another office would be asked to handle the case.
Maloney was released from the Ada County Jail on $50,000 bond. She is on a leave of absence from her job in Boise County and has appointed Chief Deputy Prosecutor Jay Rosenthal to perform her duties while she’s gone.
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Her leave of absence is paid, and she can be gone for up to 90 days without any impact on her job status, Boise County Commission Chairman Alan Ward said.
Maloney’s salary in her dual role as prosecutor and county human resources director is $91,408, according to county records. It was $80,408 before she took on the additional HR responsibilities earlier this year.
The amended fiscal 2016 budget for the prosecutor’s office is $412,863, Clerk Mary Prisco said. The county’s total budget is about $9.5 million.
Maloney, who was appointed to the post one year ago to replace Ian Gee, was the only person to file to run for Boise County prosecutor this year. She’s running as a Republican. Other county residents may still join the prosecutor’s race as write-ins; the filing deadline is April 19.
Maloney’s preliminary hearing is now scheduled for 8:30 a.m. June 3 before Judge Michael Oths at the Ada County Courthouse.
Boise County’s commissioners met on Tuesday to discuss their options. They said legal counsel from the Idaho Attorney General’s Office and others was that they have no authority to remove an appointed prosecutor from office. She has the same rights as any elected official.
An elected official who is convicted of a felony faces immediate forfeiture of his or her job, according to Dan Chadwick, executive director of the Idaho Association of Counties. The penalties for conviction of third DUI within 10 years: up to five years in prison (mandatory 30 days in jail), fines up to $5,000, license suspension up to five years (mandatory one-year suspension after release with no driving privileges) and mandatory ignition interlock device.