Lawyer Wins Fee Dispute With County

Attorney Raymundo Pena was a Minidoka County employee when he successfully defended then-Prosecutor Gara Newman from state efforts to take over two murder cases, a judge has ruled.

Sixth District Judge William Woodland’s Thursday ruling means the county must pay Pena $46,236 plus attorney’s fees.

Woodland ruled in May that Pena was owed $15,412 for help he gave Newman in her effort to keep the Idaho attorney general’s office from taking over two murder cases.

Woodland had to decide whether Pena was a county employee or simply an independent contractor. The Idaho Claim for Wages Act allows employees to demand up to three times the amount of unpaid wages.

Commissioners said they had never entered into a contract with Pena.

“Because Gara Newman was the duly elected prosecuting attorney and Pena’s supervisor, the fact that the commissioners did not control Pena’s activities is irrelevant,” Woodland said.

Pena demanded $15,412, but the commissioners on three occasions refused to pay him.