POST FALLS - Donald Gary believes the Kootenai County Prosecutor's Office is "farming out" too many cases to other agencies.

"The team needs a new coach," said Gary, who will challenge county Prosecutor Barry McHugh during the May 15 primary election.

McHugh, who was sworn in in 2009, believes his office has taken on difficult cases and there are reasons some cases are referred on, including if his staff has been working closely with agencies involved.

The Republican candidates squared off during a forum on Friday hosted by the Panhandle Pachyderm Club at Red Lion Templin's Hotel.

Gary said he's concerned about the direction of the Prosecutor's Office. He held up the February issue of The Advocate, an Idaho lawyer magazine, with a story alleging prosecutor misconduct at multiple agencies, including Kootenai County.

"When I saw this I was upset," Gary said. "Lawyers have to abide by the rules of fairness."

But McHugh said the article refers to cases that were prosecuted before his time in office and that he has a competent and experienced staff to make improvements.

"Talk to people involved in the justice system, courthouse and county," McHugh said. "Talk to them about how it was before I got there and how it is now. Don't just take my word for it."

McHugh fought back tears in his closing statements.

"I'm really proud of our office and what we do," he said. "It's personal to me."

Prior to becoming the county prosecutor, McHugh, a Coeur d'Alene native, was a partner in a local private practice and a prosecutor for the city of Coeur d'Alene, the county, state and U.S. Department of Justice.

During his current job, he helped make blood tests of DUI suspects mandatory at the hospital if they declined to take an optional breath test.

"That's been helpful to law enforcement and my office," he said.

McHugh said he has met with police chiefs monthly to improve communication and that has translated into saving the county money.

"My Criminal Division budget is less than the Public Defender's budget and that may be the first time that's happened," he said.

McHugh secured a two-year grant to start the North Idaho Sex Offender Task Force to help ensure sex offenders are registered and living where they're supposed to be and to focus on child pornography and child enticement cases.

Gary, a principle with the law firm of Winston and Cashatt who has practiced law for 20 years, is a political newcomer. Prior to becoming an attorney, he was a certified public accountant for 12 years.

Gary said the Prosecutor's Office needs to have an open door for alleged victims of crimes ranging from sexual misconduct to burglary instead of automatically sending the cases to police. He said he would do his part to ensure it's that way, unlike how some agencies have become.

Gary said he would use common sense and have a cost-benefit analysis done on some cases before litigation takes over or they escalate to the Supreme Court, keeping taxpayers in mind.

"Part of the prosecutor's job is to counsel," he said.

Gary said while he can't match McHugh's criminal law experience, he's up on tax and business laws and confident getting up to speed on the criminal side quickly is within reach.

"Lawyers are trained to learn the law, so I don't think that would be a problem," Gary said.