More money

Alexis Barker
NLJ News Editor
 
Weston County Attorney Alex Berger asked for additional attorney and secretarial help at the county attorney’s office during a budget workshop held by the Weston County commissioners on June 13. 
According to Berger, he has requested a “substantial increase” in funding for personnel to help with the workload in the county attorney’s office. He said that he is requesting less money in other budget line items due to cost savings his office has been able to implement. 
“We need more time, and we need more people.” Berger said. “By far, the most important request is an additional deputy attorney.” 
Saige Smith, the current deputy county attorney, he said, has done an “excellent job” with a good review from the judges she has practiced in front of. But he said that she is early in her career and he does not expect her to stay around long term. 
“I need someone ready to step into the deputy position if the current deputy leaves,” Berger said. “I am actively recruiting people that may want to come here, but it is hard when there is no position. I want some money to offer a part-time attorney to help with the juvenile caseload that can do a personal case workload on the side.” 
He said that he has an “attractive candidate” who wants to relocate to Weston County next year. 
“If the board does not grant me the ability to hire someone and Smith leaves tomorrow, it could take a year to get someone here,” Berger said. “There are three county attorney postings I know of, and they all pay more than the $75,000 we offer.” 
Deputy county attorney positions open on a regular basis across the state, Berger said, and it is hard to get good applicants to fill the position. 
“One of my campaign promises was to actively recruit people, and I want to be able to do that,” Berger said, noting that if he could get an increase of $24,000 to $30,000 he could “probably sell” that if the attorney can also have a private practice. 
“Having another family in the community is also a plus. There are a lot of elements that could help this community,” Berger said. “And remember the state will give you half of the salary for a deputy attorney.” 
Commissioner Marty Ertman said that she believes there is a $60,000 cap on what the state will reimburse a county for deputy attorneys. Commissioner Tracy Hunt added that the cost share from the state is up to a certain limit, but he is unsure of what that limit is for sure. 
“The part-time position is not benefited, so that is money the county wouldn’t be spending. I have a lot of work, and things have picked up in this last term. …,” Berger said. “Smith is busy constantly, and we have more and more juvenile cases every week. There is a directive from the court wanting criminal and juvenile cases separate. We are not supposed to mix those, and in this office we can’t help that.” 
In Campbell County, he said, those attorneys are directed not to interact. Smith said that juveniles cases involving neglect are increasing in the county. Berger said that his office is filing things, cases, that have “not historically” been filed in the county. 
If Smith were to leave, Berger said he would not be able to do the job on his own, even working 60 to 70 hours a week. 
“I couldn’t get things to people when they want them, and I want to have a bun in the oven that can step in and have knowledge of the office,” Berger said. 
Ertman asked how many hours Berger spends on county work. Berger said that he is in Weston County at least two days a week but available over the phone and through email. According to Smith, Berger handles most of the civil cases for the county. 
“I work about 80 hours a week and spend about 30 of those for Weston County right now,” Berger said. “It was more in the beginning, and it will be more coming soon. I have been here five months, and I know what needs to be fixed up and changed. I am going to do more training with law enforcement too. I will be working between 30 to 40 hours here, and my salary is not that great.” 
Berger, according to the county’s current budget, makes a salary of $60,000 a year while Smith makes $75,000 as the deputy county attorney. 
Commissioner Nathan Todd asked how much was “slipping” through the “cracks” without the extra manpower. 
Smith said that she works from 7 a.m. to 5 p.m. five days a week, with an hour for lunch. She also said that she is in court seven full days a month and that there are court orders that come out of those court hearings. 
“There is a period of time in which I am supposed to get those (orders) done, and there are still new cases coming in and meetings with law enforcement and the Department of Family Services,” Smith said. “The juvenile case load is an issue for me.” 
According to Berger, deadlines are being missed. With another person, that would not happen, he said. 
“I don’t want to say it is because we are busy; it could because of our inexperience,” Berger said. 
Smith some things may be missed because of the caseload but that, more importantly, things are taking her longer than they should to complete. 
“Whether they are new charges or getting orders done, they are taking longer than they should, I think,” Smith said. 
“It is a chicken and egg issue. We had four sex abuse cases that were not dealt with, and we are getting them now. When law enforcement thinks you will do the work, we get more work,” Berger said. “We are getting a relationship with criminal investigation and have more felony work. They need to know if we are ready for it, and I told them to give me six months. If we turn it on, then we will have the work for three full-time people. If it gets turned on a bit, we won’t be able to handle it just the two of us.” 
No decision regarding the request for additional funds was made during the budget workshop.