Judge Peterson target of protest

COEUR d'ALENE — It's not often that retaining a judge becomes an election controversy.

Then again, this is 2016.

About 15 people from Citizens for the Removal of Judge Clark Peterson picketed in front of the Kootenai County Courthouse on Wednesday morning, urging voters in Tuesday's general election to not retain the magistrate.

The campaign claims Peterson's gaming activities have been a factor in some of the decisions he has made from the bench. The group raised other concerns about his personal life, including bankruptcy, divorce and foreclosure proceedings on his home.

"We care about Kootenai County, and we care about Judge Peterson," said Coeur d'Alene resident Tina Stevens, who donned a judge's black robe as she and her husband, Chad, became the campaign managers attempting to oust the judge. "When he was going through a divorce (and other personal problems), he should have taken a leave of absence. We don't mean any ill will toward Judge Peterson or his family, but you can't think straight under such trauma."

Peterson said he supports the group's right to free speech and that judges generally refrain from responding to such matters, but he said since "old allegations" are being raised against him again, he issued a statement to The Press.

"These matters are old allegations that have been long resolved," Peterson wrote about his response to the campaign. "I was divorced in 2012. My divorce and its related financial matters have long been resolved several years ago. Those matters were not a distraction then and certainly are not one now. Our marital residence was surrendered as part of that process; I do not occupy it and do not intend to redeem it."

Peterson, 49, has been a magistrate for more than six years. He is one of six magistrates in Kootenai County.

He needs a simple majority of "yes" votes — 50 percent, plus one — to retain his seat. If voters choose to not retain him, his seat will become vacant and the Magistrate Commission, which includes judges, community leaders and attorneys, will appoint someone to fill the position.

"Our whole motto is that it's better to have no judge than Judge Peterson," Tina Stevens said.

But Hayden's Chris Skinner, who swung by the demonstration to counter it along with Coeur d'Alene's Sean Thornton, called the campaign a "character assassination" on Peterson.

"He's under attack for his personal life and his hobbies," Skinner said.

Skinner and Thornton had direct but civil verbal exchange with Rathdrum's Tom Meyer as Meyer picketed.

Meyer said he thinks Peterson's past disqualifies him, but Skinner said the judge has done nothing illegal and cautioned Meyer to not make conclusions based on hearsay.

Peterson in 2000 co-founded Necromancer Games, a publisher of role-playing game materials.

"After being appointed judge, I transferred my interest in that company to my business partner," Peterson said. "I maintained an interest in my old hobby and, while on breaks, did on occasion post on related message boards. I did not ever, as has been suggested, participate in online gaming during work hours.

"As I expressed some years ago, I regret if anyone viewed my postings regarding one of my hobbies as not being up to the standards of the Idaho Judiciary. I changed my practices immediately. I have already addressed these matters."

Peterson co-created Legendary Games a year after he took the oath of office as magistrate in March 2010. Peterson later gave his interest in Legendary Games away to the other partners.

Peterson and his former wife, Donna, filed for Chapter 13 relief in U.S. Bankruptcy Court in 2012.

"What he does in his personal life helps him formulate judgments," Chad Stevens said.

Tina Stevens said she doesn't think a person who has had financial and marital problems in recent years and who has changed his practices as a result of his posting of gaming blogs is qualified to be retained as a judge.

"It doesn't add up for me," she said.

But Peterson said judges are humans, too.

"In Idaho there's a strong tradition of citizen judges," he said. "We're not an elite class, but just people like everybody else who has family issues. I've addressed all of those issues in an appropriate and lawful way."

Fliers for the campaign against Peterson refer to him as "Demon Lord." Many in the gaming world know him as the demon prince Orcus, Lord of the Undead.

"It's not a title that we assigned to him; it's not to be mean," Stevens said. "It's just to draw attention to the public to someone who calls himself Demon Lord."

In an interview with The Press after the protest, Peterson said he doesn't take offense to the name calling.

"I've got to have thick skin and tolerate it," he said. "Citizens have the right to protest, and I don't want to be critical of that.

"My prior company that published game materials had (Demon Lord) as a logo. That's where it comes from. I'm no more of a demon lord than someone wearing a Star Wars shirt is Darth Vader. But I gave them low-hanging fruit to lob at me, so that's on me."

Marie Tyner was among those who supported the demonstration against Peterson. She believes Peterson was distracted by personal issues and his gaming hobby when he presided over a probate case in which she was involved.

She said the citizen group has been wrongly referred to by some as "disgruntled litigants" whom Peterson ruled against in the past.

"This protest is really about justice for all," she said. "Not everybody who loses a case is disgruntled. This guy has made bad decisions. He needs to go."

Peterson said he doesn't believe the campaign against him reflects the manner in which he serves the community. In addition to taking on the regular caseload of a magistrate, Peterson presides over the Kootenai County Domestic Violence Court.

"I didn't have to do that, but I agreed to do it because I'm passionate about it," he said.

He said he's a dedicated father of his daughter, lector at his church, high school basketball referee, volunteer judge at high school mock trial competitions and guest speaker at local schools regarding law.

In 2012 he received the Idaho Association of Criminal Defense Lawyers' award for judicial excellence. He has been selected by the National Judicial College to serve as adjunct faculty, training other judges from around the country in the rules of evidence.

"Underneath the black robe, I am a dedicated and hardworking conservative Idaho citizen who is proud and honored to serve my community in that role," Peterson said.

Tony Cantrill, executive director for the Idaho Judicial Council that investigates allegations of misconduct by judges, said complaints are kept confidential until the council issues a finding. He said he couldn't say whether a complaint has been filed against Peterson or not.