Sellmen to leave bench after 29 years as a judge

It was July 1, 1976, when Judge John Sellman first took his seat at the bench in the Elmore County Court House. Now, 29 years later, he is preparing to step down. July 1, 2005, will be the first day of his retirement.

There was no 'breaking in' period as he replaced Judge Robert Rowett as a magistrate for Elmore County. Rowett was headed to district court in Boise. Sellman smiled as he recalled the event. As soon as he had been sworn in, his wife, Sher, and her sister immediately took off for a long-planned trip out of state.

Sellman easily recalled a time when penalties for some crimes were more lenient than they are today. He remembers particularly a case of a young man who was charged with driving under the influence. He had been involved in a serious accident, taking the life of an innocent victim. "Back then the maximum for a DUI was $300," said Sellman. But the judge did not think such a small fine would make an impression on the driver or be enough of a deterrent to prevent the driver from getting behind the wheel again after drinking. So as part of the sentence, the judge ordered the young man to speak to the Chamber, the Rotary Club, the Lions Club and other organizations, to tell people of his experience. The sentence meant the young man had to recall the consequences of his actions and hopefully impress on others the dangers of drinking and driving.

Today the penalties are higher; the sentencing teeth are now sharper. But Sellman feels that, in that one case at least, his judgment made a difference.

The judge notes that back when he first sat at the bench, there was no such thing as 'domestic battery.' Now society gives more protection to the family member.

The courts also have seen a tremendous increase in drug problems over the years. "We see more unemployment, have come to rely more on welfare and have a wide range of charges that are all drug related," he said. "They can't hold a job, so they steal to support their habit. Revenge, violence, the whole gamut has increased because of the drug situation. And we still don't have a good treatment. The severity of the crimes and increased numbers of the cases have been and continue to be a burden on society."

The judge's days have been filled as he oversees juvenile cases, protection orders, adoptions, the termination of parental rights, name changes, misdemeanor crimes, preliminary cases for felony crimes, child custody cases, divorce, resolving disputes and cases involving competing jurisdictions. There are the daily arraignments, civil matters, and small claims court for issues under $10,000.

Through it all he must make time to sign all the documents for each case. "It is a paperwork mill," he said, what with collateral issues, child support, and the like. For every case at least one signature is required, but many times documents require his signature in a number of different spots. "If you go away for just a day or two, you come back to find a huge stack on your desk waiting for you to sign," he explained. For 29 years he has traveled to Boise weekly where he sits as magistrate one or two days each week.

He gives credit to the court clerks for managing to keep everything on track for him. "They are undoubtedly the hardest working, most efficient ladies, who have served as my right hand. There are just so many things they have to do, and they take care of it all."

Working with the many attorneys has "been good, by and large. I've seen a lot come and go over the years and it has been a good experience with most of them."

Sellman said it is important to keep a sense of humor and to find some enjoyment in your work.

Probably the most pleasant parts of his job have been the weddings and adoptions. Each time he preformed a marriage, he saved a small slip from the marriage license, tucked away in a manila envelope. Although the envelope has been cleaned out several times over the years, there are still several hundred slips of paper remaining -- a small reminder of the many happy occasions he has had the privilege of being a part of.

Over the past few weeks, Sellman has been slowly clearing out his office, removing the mementoes that have gathered over the years. Where pictures once hung on the walls, today only the hooks remain. The tokens of thanks from school children who toured the court on field trips now have a new home. "It is amazing how much you can accumulate," he said, as he explained that he did not want to do it all at one time. "I have been taking a little bit at a time, and still it seems like there is so much more to do."

As his number of days on the bench grow shorter, the list of things to keep him occupied over the summer seems to get longer. "There is plenty of yard work to do. My wife has several projects for me. Her subdivision is nearly done and so I will have to work on the fence, the flower garden and work on the sprinkler system.

"I hope to get in some fishing down in Owyhee. My son is a biologist with Fish and Game, based down on the reservation at Duck Valley, so we are going to some of the reservoirs."

He and Sher will be doing some traveling, visiting their two daughters, "and of course I want to spend some time on the golf course."