The Bear Lake Prosecutor
A resignation in lieu of disciplinary proceedings has been accepted by the Idaho Supreme Court
In January 2021, Mr. Hayes was sworn in as the Bear Lake County Prosecuting Attorney. In March 2021, C. F. contacted Mr. Hayes with allegations about domestic violence by her then -husband. In July 2021, Mr. Hayes filed a Criminal Complaint charging C.F.’ s husband with four felony counts related to the domestic violence. Between August and October 2021, while he was prosecuting the domestic violence case against C. F.’ s husband, Mr. Hayes engaged in sexual conduct with C. F. on several occasions in his law office and sent her sexually explicit messages. With respect to that conduct, Mr. Hayes admitted that he violated I. R.P. C. 1. 7( a)( 2) [ Conflict of interest] and I. R. P. C. 8. 4( d) [ Conduct prejudicial to the administration of justice].
In December 2020, S. C. retained Mr. Hayes for representation regarding a protection order, divorce, and QDRO. During that representation, Mr. Hayes sent sexually explicit messages to S. C. and engaged in sexual conduct with her on one occasion. With respect to that conduct, Mr. Hayes admitted that he violated I. R.P. C. 1. 7( a)( 2) [ Conflict of interest] and I.R.P. C. 1. 80) [ Sexual relations with a client].
In February 2019, T. C. retained Mr. Hayes for representation in a guardianship case. In May 2019, she retained him to represent her in a divorce case. During that representation, Mr. Hayes sent sexually explicit messages to T. C. and made inappropriate sexual comments to her. With respect to that conduct, Mr. Hayes admitted that he violated I.R.P. C. 1. 7( a)( 2) [ Conflict of interest].
The Idaho State Journal covered the sanction
Hayes, who became Bear Lake’s County prosecutor in January 2021, resigned from that position in a letter dated Jan. 6. He said in the letter that he had been honored to have been elected and was privileged to serve with other dedicated public officials, according to a Jan. 11 article published in the the Montpelier News-Examiner. Hayes also closed his private law office in Montpelier in early 2022, leaving the state for a period of time in pursuit of alternate employment, The News-Examiner said.
Hayes’ January resignation ended a period of several months during which he was unavailable to act as prosecutor, The News-Examiner said. Attorney Adam McKenzie of Franklin County was appointed as Bear Lake County’s chief deputy prosecuting attorney shortly after Hayes resigned and has since operated as the interim prosecuting attorney in Bear Lake County.
(Mike Frisch)