COEUR d’ALENE — The current county commissioners will choose Prosecuting Attorney Barry McHugh’s replacement after he resigns this fall.

McHugh submitted written notice to commissioners that he will resign effective Sept. 30. He’s set to take the bench in January, replacing Judge Lansing Haynes, who retired in May.

When a midterm vacancy occurs on the court, Idaho’s governor usually appoints a judge from a list of names provided by the Idaho Judicial Council. Judges then run in nonpartisan elections to remain on the court.

Because Haynes’ term was set to expire at the end of this year, the seat would have been on the May ballot no matter what. Anyone appointed would only serve for seven months.

For that reason, the council made no effort to appoint a judge.

“It was a pure timing issue,” said Jeff Brudie, a retired district judge and executive director for the Idaho Judicial Council.

Though uncommon, Brudie said the situation is not unprecedented. The council reportedly made the same decision when a judge in southern Idaho died in January of an election year.

McHugh ran unopposed in May’s election, garnering a little more than 26,000 votes.

Because McHugh is a Republican, the Kootenai County Republican Central Committee will recommend to commissioners three potential candidates to replace him as prosecutor.

McHugh’s successor will be selected by Commissioners Bill Brooks, Leslie Duncan and Chris Fillios.

When a county elected officer gives written notice of intent to resign and specifies the effective date of resignation, Idaho law empowers the central committee to submit nominees in advance.

KCRCC Chair Brent Regan said the central committee plans to do just that.

“I don’t want discontinuity in the office,” he said.

The central committee will soon set a date for a special meeting, where members will submit nominations and then vote to decide which candidates go before commissioners.

Regan said he’s communicating with commissioners to make sure both groups have enough time to make their decisions.

“I want to make sure we work cooperatively with the Board of County Commissioners,” he said.