O’Neill, Partch defense cost $188 per hour

Total cost for lawyers to defend Whitman County Commissioners Pat O’Neill and Greg Partch against recall proceedings last month was $19,632.

Fees billed by O’Neill’s attorney, Edward Turner of the Stamper Rubens firm of Spokane was $10,760. Partch’s attorney, Brian Werst, with K&L Gates, charged the county $8,872.

The commissioners hired outside attorneys after Prosecutor Denis Tracy recused himself from representing them. Tracy wrote the language that would have gone on recall ballots, language that could have come under fire during the trial.

Commissioners June 19 approved requests from both O’Neill and Partch to use county funds to pay for attorneys in the defense. Use of tax proceeds for lawyers required Commissioner Michael Largent’s approval because neither O’Neill nor Partch could approve use of funds in their own defense.

The recall was filed by Roger Whitten of Oakesdale. Whitten charged the two with four violations of the state’s Open Public Meetings Act and with putting public health in danger in their passage of the county’s wind farm ordinance.

Recalls of public officials in Washington requires judicial approval before advancing to the petition stage for a ballot. Following an Aug. 2 hearing that lasted just longer than an hour, presiding Judge William Acey disqualified Whitten’s claims.

Whitten’s case rested on comments made by commissioners printed in the Gazette. Judge Acey ruled Whitten had no direct specific knowledge of the alleged violations.

Turner billed the county for 59 hours of legal work to defend O’Neill at $182 per hour. Werst worked 45.5 hours for Partch at $195 per hour.

Work of both attorneys consisted primarily of teleconferences with the commissioners, Maribeth Becker, their clerk, and County Planner Alan Thomson.

The county was also billed for the lawyers’ travel and review of the Gazette articles Whitten cited in his petition.

The bills will be put before commissioners for payment approval at their Sept. 7 meeting.

Commissioners will have to amend their budget to account for the legal expenses. Typically, commissioners build a legal defense fund into their budget. With a tightened bottom line on this year’s budget, they opted not to put any money in that fund.