Journal-Times (Grayson, KY)

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December 7, 2012

Fiscal Court retains outside counsel, questions jail finances


Dec. 7, 2012 —

When asked what the cost for a retainer fee would be, Wallace said it would be “the going rate.”  Although not part of the motion, it was discussed that Richard “Sonny” Martin, who represented the Court in the Open Meetings suit, would be the lawyer used.

Martin was paid $1,500 by the Fiscal Court during the Nov. 20 meeting. 

Magistrate Sonny Fankell seconded Roe’s motion.  Brammell and Burton voted against the measure.  With the late Ronnie Greenhill’s seat still empty, Wallace broke the tie and the motion passed.

Former magistrate Millard Cordell then asked to be recognized and chastised the Court for the motion.

“You all are going over the head of an elected official,” Cordell said. “The tax payers of this county had to spend money on legal services they didn’t need to once already.  Judge, you’re just paying that FIVECO lawyer for no reason. This is a political move.”

Wallace said that Flannery suing the Court was a political witch hunt and the meeting was quickly concluded. 

Assistant County Attorney John Thompson sat in for Flannery at the meeting.  Flannery said he was not given proper notification of the special meeting, and had to attend depositions at that time.

“I won’t apologize for standing up for the people of Carter County if their rights are being violated,” Flannery said.  “The Court can not remove me as County Attorney, but if they want to hire outside legal counsel then they have the right to do that."

The Court had some discussion on the transfer of $25,000 from the general fund to the jail.  According to Justice, the Federal Marshals are four months behind on payments to the County.  Jailer R.W. Boggs said he expected the payment to come in next week.

Magistrate Clifford “Sodbuster” Roe requested copies of the invoices and the amount that is supposed to be coming in to pay for the Federal Prisoners’ housing.  He asked if an increase of the daily rate for the Federal inmates had been applied for.

“I called and they said no money had been approved,” Roe said.  “This thing with the money has gone far enough.”

Boggs shared an email from the U.S. Department of Justice which confirmed that the rate increase application was under review.

Magistrate Brad Brammell made a motion to transfer the funds, Brandon Burton seconded, and the motion passed.

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