North Idaho College to withdraw subpoenas to staff, others
Photo courtesy of North Idaho College
COEUR d’ALENE — North Idaho College will withdraw all subpoenas issued last month to college employees, former trustees and others, according to emails obtained Tuesday by The Press.
Last week, Judge Cynthia Meyer quashed subpoenas issued to two former trustees and the college’s former legal counsel, calling them “unreasonable and oppressive.” A total of 17 subpoenas were issued.
The subpoenas sought documents, emails, public record requests and other digital records related to the hiring of NIC President Nick Swayne, who sued the college after trustees voted 3-2 to place him on administrative leave for no disciplinary reason. Because Swayne’s lawsuit is an issue of contract interpretation and not contract formation, Meyer ruled, documents related to his hiring are immaterial to the case.
Coeur d’Alene-based attorney Ford Elsaesser represents three others who received subpoenas, including the Pauly Group, the consulting firm that facilitated NIC’s presidential search that led to Swayne's hire.
“I think the judge’s ruling sent a message that most lawyers recognize, which is none of those subpoenas should’ve been issued,” Elsaesser said Tuesday. “The implications of the subpoenas were a combination of, I presume, intimidation and retaliation.”
NIC attorney Art Macomber issued the subpoenas in January as the college’s attorney of record.
Macomber billed NIC $22,510.18 for legal services provided in January, according to an invoice obtained Tuesday by The Press. The invoice includes charges for a combination of attorney work and other costs. Macomber's rate is $325 per hour.
The January invoice was heavily redacted with large portions blacked out, though the amounts billed were intact. The most frequent items listed on the invoice involved reading and responding to emails.
The largest readable item on the January invoice is $1,007.50 to “review NIC Construction Consulting Contract.” Other higher-cost items are almost fully redacted and unreadable, including “final review” of an unknown item on Jan. 13 and a $1,470 payment made Jan. 20.
Macomber was hired by the NIC trustees Dec. 5, and he billed a total of $24,797.50 for work done between Dec. 5 and Dec. 31.
North Idaho College is now represented in Swayne’s lawsuit by Bret Walther, a Boise-based attorney assigned by NIC’s insurance carrier.
Walther has filed a motion to withdraw, citing “irreconcilable breakdown of the attorney-client relationship.” The court will hear the motion March 1.
On Friday, Judge Meyer will consider whether to grant a preliminary injunction that would prevent NIC from making major organizational and operational changes until Swayne’s lawsuit is resolved.