Lawsuit against county may cost taxpayers $240 per hour

NEW BOSTON, Texas—Bowie County taxpayers will spend as much as $240 per hour for legal work relating to a lawsuit filed against the county last week by a former radio host.

Commissioners Court met in special session Thursday to retain Austin-based attorney Jim Allison of Allison, Bass and Associates, to represent the county in a suit filed Nov. 26 by Jeff Akin, leader of the Bowie County Patriots and an announced candidate for county judge.

The suit contends Bowie County makes illegal donations to area organizations and cities in absence of contracts, and seeks an injunction to stop the distribution of money to various organizations and cities named in the suit.

The retainer was unanimously approved, and shows the county will pay $240 per hour for work performed by firm partners; $210 per hour for services rendered by firm associates; $100 per hour for work performed by paralegals; and $50 per hour for travel time.

The county will also be billed for out-of-pocket expenses such as travel expenses, telephone, photocopy, facsimile costs and the fees of expert witnesses, reports, studies and exhibits, the retainer agreement shows.

Commissioners approved appointing Precinct 3 Commissioner Kelly Blackburn as the contact person between the county and counsel.

District Attorney Jerry Rochelle has previously said his office is not representing the county because some of the payments to groups listed in the lawsuit are from his office.

Rochelle said the funds come from seized drug money rather than taxpayer dollars.

The county has retained Allison for legal work in the past, including work for a suit filed by the county against former County Clerk Natalie Nichols.

During the public comment period of the meeting, Emily Sabo of Texarkana spoke about the lawsuit.

“We have a former radio host that filed a lawsuit against every taxpaying citizen in Bowie County. He wants you to vote for him to be our Bowie County judge and also wants his attorney paid for by us, the taxpayers. This don’t sound right to me, what about you?” she said.

Sabo said once the lawsuit is over, she wants to know how much it costs, and thanked the commissioners for meeting the needs of citizens.

She also took issue with some of the organizations affected by the lawsuit, including volunteer firefighters.

Though the lawsuit doesn’t specifically name area volunteer fire departments, it does list check payments by Bowie County to area cities.

Many city officials have said some of the payments made by the county are used for volunteer fire departments and dispatching services.

“Can you imagine what it (insurance rates) would be if you didn’t have these volunteer fire departments … they’re coming and doing volunteer work, and you’ve got someone griping because their taxpaying money is going for it,” she said.

Sabo also pointed to a children’s advocacy group named in the lawsuit, and said it does good things for children.

“I’d rather it (tax money) be doing good than paying for a lawsuit. That’s yours and my taxpaying money,” she said.

Akin was at the meeting, but did not speak during public comment period.

After the meeting, Akin said he is not against the organizations getting the money, but wants things done the right way.

“There are over 200 nonprofits in Bowie County. Why do some get the money and some don’t? That’s the reason why we have to have contracts with people, to know what services are being provided and what the county’s obligated to do,” he said.

Akin said he is “willing to settle this thing whenever because either there’s contracts, or there’s not.”

He said the county clerk gave him a list of nonprofits that do not have a contract with the county, which he provided to the Gazette.

The letter, signed by County Clerk Tina Petty, shows the clerk’s office was not able to find contracts with Teen Court, Texarkana Children Advocacy Center, Texarkana Homeless Coalition, Texarkana Regional Arts and Humanities Council, Sabine Valley Mental Health Mental Retardation and Community Healthcore, Domestic Violence Prevention and First Administrative Judicial Region.

“It’s an easy fix. That’s why I think that hiring Mr. Allison … to me is a little bit of a waste of money,” he said.

Akin said his candidacy for county judge has nothing to do with the lawsuit.

“I would have filed the suit even if I wasn’t running. I stand for limited government. I stand for the Constitution. I stand for transparency,” he said.

The suit lists check amounts paid by Bowie County to Children’s Advocacy Center, Domestic Violence Prevention Inc., Texarkana Homeless Coalition, Texarkana Regional Arts and Humanities Council, Bowie County Dive Team, Retired and Senior Volunteer Program, Texarkana Teen Court and the cities of Maud, DeKalb, Hooks, Nash, New Boston, Redwater and Wake Village.

Wanda Minnick of DeKalb also spoke during the public comment portion of the meeting.

She asked why the commissioners need defending.

“Either they have the contracts or they don’t. Why not let the court decide if they have contracts or not? Let the commissioners use the legal in-house help. I truly hope this is not just a political move to spend more tax dollars and then put the blame on somebody else.”