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RES 1981-28A APPT SPEC DEP CO ATTY 1 RESOLUTION 2 Whereas, there are currently pending in Jefferson County 3 four (4) criminal cases which must be filed in the District 4 Court of the Fifth Judicial District; and 5 Whereas, Jefferson County Attorney Patrick F. Flaherty has 6 been suspended from the office of Jefferson County Attorney and 7 is currently unable to appear as counsel for the State of 8 Montana in any criminal prosecutions during his suspension; and 9 Whereas, prior to Patrick Flaherty's suspension, he termin- 10 ated the employment of his only deputy county attorney and no 11 other deputy county attorney had been appointed at the time of 12 his suspension; and 1 Whereas, the Jefferson County Commissioners are unable to 14 appoint a new county attorney for Jefferson County because the 15 office of county attorney is not vacant as specified in section 16 2 -16 -501, MCA; and 17 Whereas, it is desired and deemed appropriate that the 18 criminal cases currently pending against Arthur Duane Soelter, 19 Herbert Jones, Jr., David Earl Anderson and Nathan E. Jackson 20 be prosecuted; and 21 Whereas, it is desired and deemed appropriate and within 22 the public interest that an Assistant Attorney General be per - 2 mitted to appear and act as counsel for the State of Montana. 24 Now, Therfore, It Is Hereby Resolved: 25 That Marc F. Racicot, Assistant Attorney General of the 26 State of Montana, be appointed as special deputy county attorney 27 of Jefferson County for the purpose of assisting in any investi- 28 gation and prosecution that is deemed appropriate and necessary 29 respecting the aforementioned cases. 30 Be It Further Resolved: 31 That the Board of County Commissioners of Jefferson County 32 shall pay one -third of the cost of personal services rendered, STATE PUB U$MING CO_ tXXNA, MONTH I�I I to --wit: Jefferson County will contribute twenty -five dollars ($25.00) 2 per hour, including travel time, for the personal services ren- 3 dered by Marc F. Racicot. Travel, meals, lodging, secretarial 4 assistance, investigative assistance and all other incidental ex- 5 penses will be paid by the State of Montana and not Jefferson - 6 County. 7 In the event that Marc F. Racicot becomes unable to pro - 8 vide the required personal services for any reason, then, and 9 in that event, Karen S. Townsend, Assistant Attorney General, 10 shall have the same ability to act as that assigned to Marc F. 11 Racicot under the terms of this resolution. 12 Dated this jc) day of June, 1981. 13 14 ` - C AIRMAN 15 16 .� 17 MEMBER 18 19 , 4 :a ERK AND CORDER ME ER 2 0 22 23 24 25 26 27 28 29 30 31 32 KTI.TL PU'LISVINO CO. HBI.QNA. MONT, III � � ✓ _• 'J � - .� 1 , ',�, '_ �/ - y - - - �. ..� J� _ .. � �> �J �, �� . n`^' � lV �' � � � n r ... n �� � �� , �' � ,.� �. � ���, `=� + � �. • �. � �.