City prosecution contract under review
Faced with climbing prosecution costs, the Whitefish City Council met in a Feb. 7 work session to discuss whether to hire an in-house city prosecutor or continue contracting services with Hedman Hileman & Lacosta.
According to the law firm’s figures, prosecution costs from 2009 to 2010 increased 30 percent to $75,583, while paralegal costs increased 14 percent to $44,134.
Additional costs included $4,846 for the city’s zoning case against Scott Rosaaen, $6,250 for resort tax cases and $3,600 a year for copying, postage and other office expenses. Total billing by Hedman Hileman & Lacosta increased 24 percent from 2009 to 2010 to $130,327.
Clif Hayden is the city’s chief prosecutor. Caleb Simpson joined him last year after three years at the Flathead County Attorney’s Office. Hayden said the Feb. 7 meeting was the first time he could recall the council reviewing the prosecution contract. Mayor Mike Jenson agreed.
Circumstances have changed over the years, Hayden pointed out. Whitefish Lake lakeshore violations are now handled by another law firm, and the city’s recently established civil penalties provide the city a way to pursue misdemeanor violations without filing criminal charges.
Simpson noted that people charged with a crime mount a more vigorous defense than in the past because of the impact criminal records have on employment and crossing the Canada border. The state’s public defender system has also brought young attorneys with good ideas into municipal court, driving up prosecution costs.
Whitefish police chief Bill Dial pointed out that no cases are currently filed against Whitefish police. He called the city’s civil and criminal attorneys’ service “the best in the state.” But the public defender’s office is creating budget problems, he said.
“They take ridiculous things to trial,” Dial said.
Hayden agreed, noting that the public defender’s office has grown since it started in 2007 and lacks accountability for its budget. Lobbying in Helena for stiffer DUI and domestic assault penalties could also mean more expensive cases, he noted.
“I used to see six attorneys at an omnibus hearing,” Hayden said. “Now I see 12 to 18.”
Hayden said he only charges the city about half his normal hourly rate and does much of the work pro bono because he enjoys it. Hedman Hileman & Lacosta also benefits by using city prosecution as a training ground for new lawyers. The law firm provides 80 years of collective experience, he said, noting that 95 percent of criminal cases plead out rather than go to trial.
City manager Chuck Stearns said he approached the contract negotiations by looking at similar cities and towns, including Missoula. He came up with a base salary of $52,000 to $64,000 for an in-house prosecutor, or about $75,000 a year with benefits.
Stearns figured that an in-house prosecutor could put in close to 2,000 hours, compared to the 1,000 billed by Hedman Hileman & Lacosta, and the in-house prosecutor could do some of the needed paralegal work. Having the city attorney’s secretary work a fifth day a week to help the prosecutor would bring the total cost up to about $90,000 a year.
Hayden came up with the same figure in his counter proposal. For $90,000 a year, the city would receive prosecution and paralegal services. An additional $3,600 would be needed for office expenses. Any special cases requiring extra time would be handled separately by Hedman Hileman & Lacosta, city attorney Mary VanBuskirk or another outside law firm.
Stearns told the Pilot that negotiations will continue on the final details so a proposal can be presented at the city council’s Feb. 22 meeting. The city needs to give Hedman Hileman & Lacosta four months notice before the current contract ends June 30.