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RES 1981-30 ATTORNEY GENERAL TO PROSECUTE/BUSBY RESOLUTION NO. Whereas, there are currently pending in Jefferson County one (1) criminal case which must be filed in the District Court of the Fifth Judicial District; and Whereas, Jefferson County Attorney Patrick F. Flaherty has been suspended from the office of Jefferson County Attorney and is currently unable to appear as counsel for the State of Montana in any criminal prosecutions during his suspension; and Whereas, prior to Patrick Flaherty's suspension, he terminated the employment of his only deputy county attorney and no other deputy county attorney had been appointed at the time of his suspension; and Whereas, the Jefferson County Commissioners are unable to appoint a new county attorney for Jefferson County because the office of county attorney is not vacant as specified in section 2 -16 --501, MCA; and Whereas, it is desired and deemed appropriate that the criminal cases currently pending against Merlen Dean Busby be prosecuted; and Whereas, it is desired and deemed appropriate and within the public interest that as Assistant Attorney General be permitted to appear and act as counsel for the State of Montana. Now, Therefore, It is Hereby Resolved: That Marc F. Racicot, Assistant Attorney General of the State of Montana, be appointed as special deputy county attorney of Jefferson County for the purpose of assisting in any investgation and prosecution that is deemed appropriate and necessary respecting the aforementioned case,, . Be it Further Resolved: That the Board of County Commissioners of Jefferson County shall pay one -third of the cost of personal services rendered, to --wit: Jefferson County will contribute twenty -five dollars ($25.00) per hour, including travel time, for the personal services rendered by Marc F. Racicot. Travel, meals, lodging, secretarial assistance, investigative assistance and all other incidental expenses will be paid by the State of Montana and not Jefferson County. In the event that Marc F. Racicot becomes unable to provide the required personal services for any reason, then, and in that event, Karen S. Townsend, Assistant Attorney. General , sha- 1- 1, - -have -the same ability -- — to act as that assigned to Marc F. Racicot under the terms of this resolution. Dated this 7th day of July, 1981. . eslie ' . Sodorff , airman Commi loner 7 ommissioner ATTEST: F «. lerk and Recorder - -•�� t . � -, r '''._�' �-. ,.,. � _, r . {� �� i � 1f� �, i' � � ,. ��, �.. Y� �.. C , f f -'/.. Y � �'h. ", � �..i �_ ,' �