BOISE -- A federal judge is questioning whether an indicted Tamarack Resort suitor should start paying for his own lawyer, rather than having taxpayers pick up the tab.

Matthew Hutcheson faces 31 criminal counts, including allegations he bilked retirement funds of $5 million.

Now, U.S. Magistrate Candy Dale wants to know whether Hutcheson's is so financially bereft that the public must pay for his attorney.

No date has been set for the hearing.

Also at the hearing, Dale wants to determine whether Hutcheson's attorney, Dennis Charney, has a conflict in the case.

That's because Charney represents Hutcheson in a separate state court foreclosure proceeding involving Tamarack's Osprey Meadows golf course.

Dale is concerned that Charney may not be able to provide unbiased defense counsel in federal court, due to his dual duties.

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