County Public Defender Policy Board members selected

Cheyenne County has taken the first step toward creating a public defender position.

On Monday morning, County Commissioners named Tom Oliver and Philip Kelly as the two attorney representatives and Larry Nelson as the layperson representative for a just-created Public Defender Policy Board. Tim Smith was selected as an alternate for Nelson.

The board will be tasked with evaluating whether the county should create a public defender position, and if so, reviewing applications for the job and making a hiring recommendation to the commissioners.

Commissioner Philip Sanders said both attorneys selected for the board have done similar work in the past and Nelson has a background in law enforcement.

According to state statute, a public defender policy board is one of only two ways to establish a public defender position in a county that doesn’t currently have one. The other way is through an election.

A public defender would represent defendants charged in Cheyenne County courts who are unable to pay for counsel. Currently, judges appoint lawyers to represent individuals charged with crimes who are unable to afford legal representation, and the county pays the bills.

Last year, the county paid $350,000 to court-appointed attorneys, and this year, the number already stands at almost $430,000.

“We need a public defender,” Sanders said at a meeting earlier this month. “Look at all the money we’re spending.”

In an interview in June, Cheyenne County Attorney Paul Schaub said the principle benefit of a public defender is the cost savings to the county. Instead of paying numerous court-appointed attorneys, the public defender would be tasked with providing counsel in most instances, he said.

Also at the meeting:

• Commission Chairman Darrell Johnson was selected to conduct performance evaluations for county officials appointed by the Board of Commissioners.

Schaub suggested conducting the reviews, at least annually, to allow appointed officials an opportunity to give feedback on their positions and commissioners a chance to share their expectations.

Commissioner Steve Olson asked how many individuals that would entail.

“Six to eight,” Cheyenne County Clerk Beth Fiegenschuh responded.

• Louella Pippitt, county assessor, reviewed with commissioners the ownership of all cemetery property located in Cheyenne County. She said there had been no recent changes in ownership.

While the cemeteries all receive exemptions from property taxes, only two of the cemeteries receive disbursements from the county.

• The Board of Commissioners met with Doug Hart, who was appointed interim highway superintendent on Friday, to discuss the condition of roads throughout the county and his new position. Hart was appointed to the job last Friday.

Schaub also presented a job description for the position – to be used in the hiring process for a permanent replacement – for review by the board and Hart. The board unanimously approved the description and asked Schaub to begin advertising for the opening.

• The next Cheyenne County Board of Commissioners meeting is scheduled for Monday, Aug. 3 at 8 a.m. in the Commissioners’ Room at the Cheyenne County Courthouse.