Journal-Times (Grayson, KY)

Local News

December 12, 2012

Fiscal Court retains outside counsel, questions jail finances

Dec. 12, 2012 — Carter Fiscal Court met in special session early Friday morning.

The Court easily passed claims, which Treasurer Beth Justice said were “flow-through monies.” Also, the Court approved financing through BBT bank in Charleston of a new SUV for the sheriff’s department. The cost is $27,000 and the bank is offering a 1.5 percent interest rate.

Also listed on the agenda was “legal services” which remains shrouded in confusion.

Judge-Executive Charles Wallace asked the Court to approve a motion “to get legal services,” which was then offered by Magistrate Clifford “Sodbuster” Roe.

“Since our attorney (County Attorney Patrick Flannery) has sued us and we have that issue coming up down there with the city trying to take our land, we need someone who will represent us,” Roe said. “Patrick has a conflict of interest and we need another attorney. When you sue your own clients, there is something bad wrong.”

Flannery was a plaintiff in a case where it was alleged that the Court had violated the Open Meetings Act. The case was heard in Carter Circuit Court Nov. 29 and a special judge ruled in favor of the Fiscal Court.

“The issue with the Open Meeting Violation allegations has been resolved,” argued Magistrate Brad Brammell. “I don’t have a problem with Patrick.”

Roe said he does, however.

When asked for a clarification of the motion, Wallace said that the measure was “just in case” the Court needed an outside attorney for representation.

“This is so we don’t have to vote on it every time,” Wallace said.

There remains some question as to what Flannery’s capacity as county attorney would be if the Court hired outside legal counsel.

According to KRS 69.210, the county attorney “… shall institute, defend, and conduct all civil actions in which the county or consolidated local government is interested before any of the courts of the Commonwealth.”

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