Taxpayers pay sheriff legal fees

Madison County officials recently received state funds to cover Sheriff Erik Weaver’s attorney’s fees in his successful appeal of a lower court ruling that he willfully violated Virginia’s Freedom of Information Act.

The $12,647 of state taxpayers’ money the county accepted from the state compensation board fully covers the bills the county has received, and paid, so far from Weaver’s attorney, Harrisonburg-based Mark Obenshain, according to Madison County Finance Director Teresa Miller. (The county’s finance director said that the county might receive additional bills from Weaver’s attorney.)

In April, Judge Jay Swett ruled that although the Freedom of Information Act required that Weaver give names of members of his citizens advisory board to a Brightwood woman who requested them, because the sheriff’s failure to follow FOIA statutes wasn’t done “willfully and knowingly,” the woman – Leigh Purdum – didn’t prevail.

The sheriff had filed the appeal three days after the December 2007 lower court decision that he had willfully violated Virginia’s Freedom of Information Act.
A year ago, specially appointed Judge F. Ward Harkrader Jr. had ordered Madison County officials to cover the expenses of Weaver’s appeal, including the full $250 per hour requested by Obenshain, overruling an earlier unanimous vote by the board of supervisors to not pay for the sheriff’s attorney. At the time, officials were also told that although the state compensation board may later reimburse the county for these expenses, it was uncertain.

At the time, the county’s attorney was also told that an insurance company had reportedly and inexplicably refused to pay the sheriff’s legal fees, although constitutional officers, such as sheriffs, are generally protected by insurance from having to pay for legal action resulting from their positions.

In order for the state compensation board to consider covering Weaver’s legal expenses, the sheriff was required to file necessary paperwork, including attorney’s bills and a letter from the judge ordering the county to cover these costs, according to the county’s finance director. (The state compensation board provides state funds to localities to help them cover the costs of providing state-mandated constitutional officer positions.)

The board then made its decision based on whether the legal expenses were absolutely necessary, according to Miller.