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RES 1981-32 ATTORNEY GENERAL TO PROSECUTE RESOLUTION N0. -3Q 1 2 WHEREAS, there are currently pending in Jefferson County two (2) 3 criminal cases which must be filed in the District Court of the Fifth 4 Judicial District; and 5 WHEREAS, Jefferson County Attorney Patrick F. Flaherty has been b suspended from the office of Jefferson County Attorney and is currently 7 unable to appear as counsel for the State of Montana in any criminal 8 prosecutions during his suspension; and 9 WHEREAS, prior to Patrick Flaherty's suspension, he terminated the 10 employment of his only deputy county attorney and no other deputy county 11 attorney had been appointed at the time of his suspension; and 12 WHEREAS, the Jefferson County Commissioners are unable to appoint 13 a new county attorney for Jefferson County because the office of county 14 attorney is not vacant as specified in section 2 -16 -501, MCA; and 15 WHEREAS, it is desired and deemed appropriate that the criminal 16 cases currently pending against Terry Chester French and John Michael 17 Peterson be prosecuted; and 18 WHEREAS, it is desired and deemed appropriate and within the public 19 interest that as Assistant Attorney General be permitted to appear and 20 act as counsel for the State of Montana. 21 NOW, THEREFORE, IT IS HEREBY RESOLVED: 22 That Marc F. Racicot, Assistant Attorney General of the State of 23 Montana, be appointed as special deputy county attorney of Jefferson 24 County for the purpose of assisting in any investigation and prosecution 25 that is deemed appropriate and necessary respecting the aforementioned 26 case. 27 BE IT FURTHER RESOLVED: 28 That the Board of County Commissioners of Jefferson County shall pay 29 one -third of the cost of personal services rendered, to -wit; Jefferson 30 County will contribute twenty -five dollars ($25.00) per hour, including 31 travel time, for the personal services rendered by Marc F. Racicot. Travel, 32 meals, lodging, secretarial assistance, investigative assistance and all STATE PUS LI /KING CO. K ELENA. MONT. 1 other incidental expenses will be paid by the State of Montana and not 2 Jefferson County. 3 In the event that Marc F. Racicot becomes unable to provide the 4 required personal services for any reason, then, and in that event, 5 Karen S. Townsend, Assistant Attorney General, shall have the same ability 6 to act as that assigned to Marc F. Racicot under the terms of this 7 resolution. 8 DATED this 10th day of July, 1981. 9 SLIE J.-50DORFF, CHA AN 11 12 13 C MI SIONE 7 14 C ISSI E 16 ATTEST: 1$ CLERK & RECORDER 19 20 21 22 23 24 25 26 27 28 29 30 31 32 6TATL ►u6LISHINR CO. NZLCNA. MONT. `�. ".,` ��� ^ � j ,\ � '�� -- - � r � !� ''�- `� ' ' � � � ` j � � �.- � �s ^n � i'' rte, r�. -,.. f ... �� r. �+. � �� � J i •- .�- r s �, (� -� �, �1 j , -._.o