Gordon Forgey: In-house defense is right decision

Last week, Judge David Frazier ruled that the county commissioners could not hire an outside lawyer at county expense for their defense in the lawsuit by the Organization to Void Illegal Conduct.

Commissioners Pat O’Neill and Greg Partch are facing charges by OVIC for illegal meetings, illegal use of public funds and entering into an illegal contract. All these charges stem from the deal the commissioners struck with Hawkins Company over a new shopping center at the state line near Moscow.

They obviously need a lawyer, but they don’t want County Prosecutor Denis Tracy.

The commissioners don’t want Tracy and his office to handle their defense because Tracy’s opinions on the Hawkins deal and some of his objections to how it was handled have angered them.

As O’Neill said, he doubts if Tracy could be objective and put aside his opinions of the project to defend the commissioners adequately. Partch questioned Tracy’s expertise.

Frazier clearly stated that the case is not beyond the ability and scope of the county prosecutor’s office. Even so, the commissioners have been reworking their argument to overcome the judge’s objections. They ultimately hope to be represented by a private attorney of their choosing.

They still may get their wish, but the judge’s decision is correct.Tracy has proven his skills over the years. He and his office should be able to give the commissioners good representation.

Besides, it would be far less expensive using Tracy than bringing in an outside attorney and his team.

Judge Frazier’s decision gives the commissioners a professional legal team and allows the county to save money. What is wrong with that?

Gordon Forgey

Publisher