Troy has now gone more than four months without a city attorney, forcing the local court to drop charges for everything from speeding tickets to assaults. The Troy City Council had hoped to address the vacancy at its June 20 meeting, but that never happened.
Former City Attorney Charles Evans was fired from his part-time position on Feb. 15, but the reasons behind his termination – spearheaded by former Mayor Donald Banning – were vague. Earlier in the year, Banning had tried to fire the attorney without consent of the council and that action, among others, eventually led to Banning’s recall in a special election in May.
Since there is no city attorney, there is no one to prosecute charges, and 16 cases in Troy’s city court have recently been dropped, according to Troy Clerk of Court Deanise Killingsworth. She said that has resulted in at least $12,000 worth of fines lost by the city. Judge Allen Dye said there isn’t much he can do.
“I believe that justice delayed is justice denied,” he said, referencing the right to a speedy trail.
If someone pleads not guilty and there is no trial within six months, the defense can ask for the charges to be dropped. So far, charges for assault, driving under the influence, concealed weapons, drug possession and theft have all been dismissed and Killingsworth said there are two more cases that will likely be dropped soon. The unusual circumstances have changed the way Killinsworth and Dye do their jobs.
“It changes the way we do everything,” she said. “It upsets our routine.”
Councilor Fran McCully said she hopes to hire a city attorney as soon as possible. During Wednesday night’s meeting, newly appointed Mayor Tony Brown came up with the idea to hire Evans and Jim Reintsma, both practicing attorneys in Libby, to split the duties of city attorney on a part-time basis. One would serve as legal counsel to the city and the other would take on prosecutions.
Reintsma, who is also city attorney for Libby, was Banning’s handpicked successor to Evans earlier this year and represented the mayor during a court case to block the recall. Because of a split on the council, the city was unable to hire him.
McCully said the mayor proposed the new arrangement as a way to possibly save money and, rather than receiving a salary, each attorney would be paid by the hour and work on an as-needed basis. On Wednesday night, the council decided to pass a resolution to try the arrangement for two months and sent Brown to talk to both attorneys. However, neither person can be hired until the council has another meeting and the next one is scheduled on July 18. McCully said if the mayor could make arrangements with both men, the board could set up a special meeting and hire them sooner.
“It may not be doable, but we’re just looking at trying it,” McCully said.
If the arrangement doesn’t work out, she said the city would likely go back to just hiring an attorney under a two-year contract and paying a yearly salary.
McCully said the entire situation is unfortunate because the city court was functioning fine until Evans was fired.
“I was happy with who we had (as city attorney); he was doing a great job,” she said. “But when you fire the city attorney there will be repercussions.”