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Attorney’s sexual behavior leads to mistrial

POCATELLO — An Idaho judge declared a mistrial in a child sex-abuse case after he discovered the lawyer representing the defendant had lost his license after having another client pose for nude photographs as partial payment of his fees.

Sixth District Judge Ron Bush discovered Pocatello attorney Curtis Holmes had lost his license right after he completed opening arguments last week in the trial of Joseph Turner, charged with lewd conduct with a 7-year-old girl.

Bush declared a mistrial. Chief Deputy Prosecutor Dennis Wilkinson said the development upset the family of the victim, who was scheduled to testify Wednesday afternoon.

“We’re just putting this little girl through a lot,” Wilkinson said.

No new trial date has been set.

According to an order from the Idaho State Bar Professional Conduct Board, Holmes’ license was suspended for 11 months for violations of professional ethics rules. Holmes also is required to undergo therapy for inappropriate sexual behavior before he is reinstated.

The order resolved a 2003 bar complaint against Holmes that said he sexually harassed a law clerk in 2000 and incompetently handled a wrongful death case in 2001.

The complaint also alleged conflict of interest and conduct prejudicial to the administration of justice in Holmes’ representation of a client in a 1999 divorce case. According to the bar complaint, Holmes told the woman he was an amateur photographer and would be willing to pay her or reduce the amount of her $2,000 legal bill if she allowed him to take pictures of her and her children for entry in a state fair photo contest.

The woman said when she arrived at his house, he instead wanted to take nude photographs of her while the children waited in another room, according to the complaint.

“Fearing that she would be unable to obtain new counsel if she angered (Holmes), (the woman) allowed him to take nearly an entire roll of nude photographs,” the complaint said.

He had the photos developed and showed them to her, the complaint says.

Later, when she needed his representation for a deposition in the divorce, the complaint says Holmes offered to take more pictures to cover his fees.

The woman refused and he subsequently refused to return her phone calls. She eventually represented herself in the divorce settlement.

In his response to the complaint, Holmes said the woman asked him to photograph her nude with her twin toddler sons and that he never discussed reduced legal fees.

“The photographs were all tastefully and artfully done, and included a number of shots of (the woman) in traditional neoclassical poses,” Holmes wrote.

In court, Holmes told the judge he did not realize he was practicing law without a license because he had not been aware the suspension order was issued.

Asked about his suspension as he left the courtroom, Holmes told the Idaho State Journal: “This was a personal matter. It had nothing to do with my practice.”

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