Posted: Tuesday, April 17, 2007 12:00 am
Star-Tribune Editorial Board
Wyoming's Legislature has made the position of county attorney more appealing to potential candidates in the next general election, but it should do even more to attract top-notch legal talent.
The state's county attorney system is under more scrutiny than usual, after county commissioners in Platte County hired an investigator to examine complaints against County Attorney Mary Eikenberry.
Since taking office in January, Eikenberry has dismissed criminal charges against at least 17 people - charges that had been prepared by her predecessor, Eric Alden. That disturbing fact must be investigated, and the commissioners did the right thing by launching the probe. By deciding which cases to prosecute, county attorneys have a huge amount of power in the state's criminal justice system.
Judgment about Eikenberry's job performance should be put on hold until the investigator, Rawlins lawyer Catherine MacPherson, completes her work. But no matter what the final report says, the Platte County controversy has properly focused attention on both the qualifications and the working conditions of Wyoming's elected county attorneys.
In all but two Wyoming counties, the county attorney serves as both the criminal prosecutor and the legal counsel for county government. Eikenberry has called her office's caseload overwhelming, and Platte County recently hired two assistants to help her. But several small counties have not been able to afford to hire full- or part-time deputy attorneys.
Earlier this year, the Legislature passed two bills that will result in county attorneys being paid more. The state will spend $1.9 million to increase its reimbursement to counties for full-time county attorneys and their full-time assistants. Half of the salaries for those positions will be paid by the state. The action marks the first increase in the reimbursement formula in 25 years.
Lawmakers also removed the $85,000 cap on county attorney salaries, raising it to $94,500 - the amount paid to the state's two district attorneys in Laramie County and Natrona County. A minimum salary of $35,000 for county attorneys was also established.
In Wyoming's booming economy, many attorneys can make significantly more money in private practice. Backers of the two measures are counting on the pay increases to attract better candidates.
The strategy may help, though we won't know right away, because the changes won't take effect until the next election cycle. In the meantime, legislators at the 2008 session should revive and reconsider two other bills, which were passed by the House but rejected by the Senate this year.
The first would have permitted housing allowances for county attorneys. The second would have created a district attorney office in any judicial district that includes more than one county. A housing allowance would be a great incentive to candidates, and expanding the number of district attorney offices would help reduce the heavy workload for several county attorneys.
If there is a bright spot to the problems in Platte County, it is the increased recognition that the state still has work to do if Wyoming is to make sure its counties have effective legal representation.