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Wednesday
Sep302015

County Hires Lawyer to defend Clerk in Morgan Lawsuit

Roseburg, Or-Douglas County Clerk, Patricia Hitt has retained Roseburg Attorney Charles Lee, to defend her decision not to accept Susan Morgan’s filing for candidacy in the May 2016 Primary election. Morgan attempted to turn in papers to the Clerk’s office on Monday September 21, while Hitt was out on medical leave recovering from surgery, despite Hitt’s earlier communication with Morgan advising her that she could not file for a third term, under current county code. Hitt told the Beacon she had left her staff with explicit instruction not to accept Morgan’s filing. After being rejected at the Clerk’s office Morgan filed a lawsuit that same day against the County Clerk. According to Hitt, County Counsel Paul Meyer recommended Charles Lee to defend her. Lee, a member of the Roseburg School Board, and former candidate for Circuit Court Judge, has already made filings in the case, which is on a fast track schedule devised by Morgan’s attorney, Sharon Rudnick of Harrang Long Gary Rudnick P.C. of Eugene, Oregon. Under the original proposed schedule the court hearing would have taken place before Judge Randolph Garrison by October 30, 2015. That schedule may now be in question after Lee’s filing Monday, September 28, which was a Motion to Disqualify Judge Garrison. In a declaration supporting the motion Hitt stated; “I do not believe that I can have a fair trial or hearing in this matter before the Honorable Randolph Garrison.”  The motion was granted and an order disqualifying Garrison from hearing the case was signed by Judge William Marshall and entered in the court. It is unknown at this writing which judge will hear the case.  According to Hitt, the commissioners appropriated $10,000 so far to the Clerk’s budget for her legal expenses. It is not known at this time, and will depend on the initial ruling of the court, and whether the decision goes on to the appellate court, what the final legal costs to defend against Morgan’s suit will total. In the meantime the Chief Petitioner for the original Term Limits measure, John Parker, has retained the legal services of Portland Attorney, James Buchal, who has filed an intervenor motion for Parker. Parker has started a legal defense fund to assist with the costs associated with defending the people’s initiative. Parker said “I got this thing rolling, and with the help of a lot of volunteers got it on the ballot, but it’s going to be up to the 69 plus percent who voted for it if they want to keep it.”