County attorney suing county to relook at budget requests

Hubbard County Attorney Don Dearstyne has sued Hubbard County to take a second look at his 2015 budget requests. And, because budget review is not a service the county’s insurer provides, Hubbard County taxpayers will be footing the bill for the legal costs. “We have an exclusion for budget appeals,” said Jen Wolf of the Minnesota Counties Insurance Trust. “We don’t do that type of legal work.” Dearstyne wants a fourth attorney, mainly to handle Social Services cases, and a half-time+ office assistant, less than 30 hours per week. That is a position the board had him relinquish a few years ago in exchange for hiring a third attorney.
He maintains the Social Services Department has funds in its budget to pay the estimated $88,000 in expenses for an attorney, and Social Services Director Daryl Bessler has not opposed the expenditure in the past. But a lean county board has. County employees unionized because they claimed they were too short-staffed via austerity measures the board made over the past few years, to run a tighter ship. Last year the three-attorney staff in Hubbard County prosecuted 1,981 cases, an astounding amount, Dearstyne said. “We do our own homicides, our own appeals,” he said, differentiating Hubbard County’s services from those of other counties, which ask the state for help with such cases. Dearstyne maintained when he took office eight years ago, the office was winning just 20 percent of the cases taken to trial with two attorneys. The office now wins 80+ percent, he says. “It’s a huge improvement,” he said. At a telephone conference Wednesday in Hubbard County, Judge David J. TenEyck set a court schedule for the case. Both local judges removed themselves from the proceedings, citing a conflict of interest. “We’re looking at June dates,” said Ann Goering, a Twin Cities attorney retained by the county. Goering said she primarily practices this type of law. Elected officials, under state law, can sue county boards if those boards act in an “arbitrary or capricious manner,” she said. “The district court does not set the budget,” she said. If Dearstyne prevails wholly or partially, the court would send the matter back to the county board with factors the board should consider, Goering said. “The court doesn’t substitute its judgment for the county’s,” Goering said. Aitkin County, which compares to Hubbard County size-wise and with a similar criminal case makeup, has five county attorneys for 1,900 cases. “Itasca County did 1,700 with eight attorneys,” Dearstyne said. He maintains Hubbard County prosecuted the 1,981 felonies last year that were a 25 percent increase in felonies over 2013, including drug cases, homicides, arsons and burglaries. As Dearstyne begins his third and final term, he says, “I want to make sure this office is in good shape for the future. “Law enforcement has been very happy with us,” he said. “We don’t want to go backwards. Public safety is important to me. We want to hold people who do bad things accountable.” Dearstyne has retained Paul Thorwaldsen of Detroit Lakes as his counsel.Hubbard County Attorney Don Dearstyne has sued Hubbard County to take a second look at his 2015 budget requests.And, because budget review is not a service the county’s insurer provides, Hubbard County taxpayers will be footing the bill for the legal costs.“We have an exclusion for budget appeals,” said Jen Wolf of the Minnesota Counties Insurance Trust. “We don’t do that type of legal work.”Dearstyne wants a fourth attorney, mainly to handle Social Services cases, and a half-time+ office assistant, less than 30 hours per week. That is a position the board had him relinquish a few years ago in exchange for hiring a third attorney.
He maintains the Social Services Department has funds in its budget to pay the estimated $88,000 in expenses for an attorney, and Social Services Director Daryl Bessler has not opposed the expenditure in the past.But a lean county board has. County employees unionized because they claimed they were too short-staffed via austerity measures the board made over the past few years, to run a tighter ship.Last year the three-attorney staff in Hubbard County prosecuted 1,981 cases, an astounding amount, Dearstyne said.“We do our own homicides, our own appeals,” he said, differentiating Hubbard County’s services from those of other counties, which ask the state for help with such cases.Dearstyne maintained when he took office eight years ago, the office was winning just 20 percent of the cases taken to trial with two attorneys. The office now wins 80+ percent, he says.“It’s a huge improvement,” he said.At a telephone conference Wednesday in Hubbard County, Judge David J. TenEyck set a court schedule for the case. Both local judges removed themselves from the proceedings, citing a conflict of interest.“We’re looking at June dates,” said Ann Goering, a Twin Cities attorney retained by the county.Goering said she primarily practices this type of law.Elected officials, under state law, can sue county boards if those boards act in an “arbitrary or capricious manner,” she said.“The district court does not set the budget,” she said. If Dearstyne prevails wholly or partially, the court would send the matter back to the county board with factors the board should consider, Goering said.“The court doesn’t substitute its judgment for the county’s,” Goering said.Aitkin County, which compares to Hubbard County size-wise and with a similar criminal case makeup, has five county attorneys for 1,900 cases.“Itasca County did 1,700 with eight attorneys,” Dearstyne said.He maintains Hubbard County prosecuted the 1,981 felonies last year that were a 25 percent increase in felonies over 2013, including drug cases, homicides, arsons and burglaries.As Dearstyne begins his third and final term, he says, “I want to make sure this office is in good shape for the future.“Law enforcement has been very happy with us,” he said. “We don’t want to go backwards. Public safety is important to me. We want to hold people who do bad things accountable.”Dearstyne has retained Paul Thorwaldsen of Detroit Lakes as his counsel.