Thursday, September 02, 1999
Sheriff filed dozens of lawsuits
All improper, claims county prosecutor
BY DAN HORN
The Cincinnati Enquirer
Mike Allen
|
Simon Leis
|
Hamilton County Sheriff Simon L. Leis has signed his name to more than 40 lawsuits that prosecutors say violate Ohio law.
Court records show that the sheriff filed the suits during the past two years in an effort to recover training fees and equipment costs from former employees.
Prosecutor Mike Allen said state law prohibits the sheriff from acting as his own attorney.
Although many of the sheriff's cases were resolved months ago, Mr. Allen said all of them are improper and should be thrown out of court.
“I have a legal obligation to intervene,” Mr. Allen said Wednesday.
The lawsuits are the latest point of contention between Mr. Allen and Sheriff Leis, who sparred earlier this week over a suit the sheriff filed to recover expenses from a presidential visit.
Mr. Allen filed a memorandum Tuesday seeking the dis missal of that suit. He also sharply criticized the sheriff for circumventing the prosecutor's office, which is supposed to represent all county officials in legal matters.
He said the law forbids it because it would be dangerous if the sheriff were empowered to not only investigate cases, but also to prosecute them.
According to court records, the sheriff has filed at least 41 lawsuits in Hamilton County's Small Claims Court and Municipal Court.
Most of the suits allege that the employees still owed the sheriff between $200 and $500 for equipment and training expenses.
Each complaint was signed by Sheriff Leis and, in some cases, by attorneys from his office acting on his behalf. In some instances, the attorneys are identified as being “of counsel” to the sheriff.
Mr. Allen said it is improper for anyone other than the prosecutor to serve as counsel to the sheriff.
“The law is crystal clear,” Mr. Allen said. “The prosecut ing attorney is the chief legal officer in the county.”
Sheriff Leis, a former prosecutor, would not discuss the role of the attorneys in his office. But he said through a spokesman that the lawsuits he filed are legitimate and good for taxpayers.
The spokesman, Steve Barnett, said the suits allowed the sheriff to collect more than $8,900 and return that money to the county's general fund.
“All that money goes back to benefit taxpayers,” Mr. Barnett said.
Mr. Allen said the issue is not whether the lawsuits have merit — it's whether they are legal.
“It sounds to me that (the lawsuits) make legitimate arguments,” Mr. Allen said. “All he has to do is pick up the phone and let us do it.”
He said state law clearly forbids the sheriff from doing it on his own. According to the law, “No sheriff ... shall practice law in any court of this state.”
Mr. Allen said the only time the law allows an attorney other than the prosecutor to handle a case is when a judge formally appoints a special prosecutor. In these cases, however, either the sheriff or his attorneys filed the legal documents.
While he acknowledges that two attorneys — Gail Wright and David Albanese — are employed by the sheriff, Mr. Barnett said neither is considered the sheriff's in-house counsel. He said Ms. Wright is an administrative assistant and Mr. Albanese is safety director.
“They are counsel representing the sheriff's office in those filings,” Mr. Barnett said, “but not necessarily counsel to the sheriff.”
Whatever their title, Mr. Allen said, they should not be filing legal papers on behalf of the sheriff.
He said the sheriff's actions could wreak havoc because most of the cases already have been resolved: Money has changed hands, court fees have been assessed, attorneys have been paid.
But because they were handled improperly, Mr. Allen said, all of the cases should go through court again. “This is what I was afraid of,” Mr. Allen said.
He said he will seek to dismiss any of the cases that still may be active, and he will do legal research to find ways to overturn those that already have been resolved.
Former County Prosecutor Joseph Deters, who frequently feuded with the sheriff before becoming state treasurer, said he's not surprised that Sheriff Leis filed suits without consulting the prosecutor.
He said the sheriff often did not discuss issues with him and, at times, decided not to follow the prosecutor's legal advice.
Although more than a dozen of the suits were filed when he was prosecutor, Mr. Deters said he never was notified by the sheriff. “I wasn't aware of this,” he said. “He cannot have in-house counsel and he cannot practice law himself.”
While the sheriff's actions are not a crime, Mr. Allen said, they could lead to disciplinary action against him or the attorneys in his office. “I think they put their license to practice law in jeopardy,” Mr. Allen said.
Complaints against attorneys typically are filed with the local bar association or with the disciplinary committee of the Ohio Supreme Court.
A Supreme Court spokesman said the committee would evaluate any complaint, but he noted that no rule in the attorneys' code of professional responsibility specifically addresses the issue raised in this case.
“I'm not aware of a provision that would cover this situation,” said spokesman Rick Dove.
Riverfront designers may take cue from Louisville
Sheriff filed dozens of lawsuits
Sheriff Leis no stranger to political controversy
Whose fault is it when we lose doctors?
Ex-Miami students found not guilty
Riverfest solution may be the bus
Labor Day is summer's final 'full party time'
Study links gene with blood clots
Subpoenas issued over Booth residence
Insurers win in legal opinion
Mahoney case puts focus on DUI law
Teacher union wants to recruit for CPS
Emissions tests start after 5-year delay
Second hidden pregnancy causes family new anguish
Slices of not-so-ordinary life in Northern Ky.
Airport operators plead guilty
Arrest no solace to victim's family
Cincinnati SAT verbal score rises
City officials woo Chabot
Clogged Ky. 16 defies easy fixes
Orange barrels demand a polka
Sculpture takes viewers online
Naked Cowboy gets even more exposure
GET TO IT
Governor's race prime political entertainment
Acclaim for Middletown 'dynamo'
Arlington mayor race heating up
Boone development: Draw a line?
Burglary call leads to marijuana drug bust
Cleveland suburb starts writing tickets for phoning while driving
College math hard for grads
Deters: Turn tobacco pact into cash
Fairfield to conduct citizens police course
Ludlow mayor denied his say
School cafeteria's gone; cafe is in
TRISTATE DIGEST
Upcoming: updated uptown Oxford
Volunteers labor to finish park
