New Plans For County Attorney's Work

Bobbie Bicknell Coray, Reporter

Rich Civic Times

RANDOLPH, Utah.   August 2, 2017.  Ben Willoughby, Rich County Attorney and James Swink, Cache County Attorney, came to the County Commission  to discuss a their process for a permanent solution to prosecution services in Rich County.

Swink told commissioners that creating a prosecution service district with Rich County and Cache would save money and allow Rich County to have specialized legal services that most small communities do not usually have.  Cache County has nine deputy attorneys, and that there are lawyers in the team who do drug cases and sexual abuse cases and are specially trained for that kind of prosecution. 

The Rich County attorney would handle civil work, and this prosecution district would handle the criminal cases.  A prosecution district would require a district attorney .  The district attorney would be appointed at first and then elected after that by the district for a four year term.  Willoughby  has  taken a lower salary than other attorneys in Rich County to provide funding for a District Attorney.

Another path would be an inter-local agreement such as Cache County and Logan City have entered into.  This option would not need a district attorney. A district can end if the county is not pleased with it and it can be done every four years. 

There are some legal nuances between inter-local, special services district and prosecution district.  “On Rich County’s end there is little difference,” said Willoughby.  “It will affect the Cache County Attorney more so he is looking at it. 

Right now the public defender comes to court in the county, eventually that position would be provided by that district .  Then the prosecution costs would be fixed.  Box Elder is also thinking about coming into the district which should maximize expenditures even more.

Commissioner Bill Cox said that it would provide a better service as well as cutting costs.   Sheriff  Dale Stacey said that he had worked with both Swink and the people in his office and thought highly of them.  James Swink is highly regarded.

 

The judges who sit on cases in Rich County come in from Cache County and they work with the Cache Attorneys already which makes trials easier.  Commissioner Tom Weston said he really liked the idea. 

With an agreement to proceed, in September they will come back to present a firmer plan.

Cox said, “This is not a new concept, we do this with Bear River Mental Health, and the Bear River Health Department and BRAG in a three county concept and it works well.”