Sunday, May 05, 2024
57.0°F

Jasman sues county about defense costs

by Herald Staff WriterCameron Probert
| January 18, 2013 5:00 AM

EPHRATA - Former Grant County Coroner Jerry Jasman filed a civil suit requesting payment for his attorney in his ongoing case with the prosecutor's office.

Jasman recently filed the lawsuit in Grant County Superior Court against the Grant County commissioners, after the commissioners denied two requests from Coroner Craig Morrison to pay for Jasman's attorney.

The suit follows a pending decision on appointing Jasman and Morrison's attorney, George Ahrend, as a special prosecutor in the case.

The issue started when Prosecutor Angus Lee filed a motion in Grant County Superior Court in an attempt to stop Jasman from signing death certificates, according to court records. Lee and the prosecutor's office argued Jasman's plea agreement prevents him from holding public office, and he would need to be in the public office of deputy coroner to sign death certificates.

Ahrend previously argued the position of deputy coroner isn't a public office, so the plea agreement doesn't apply.

If Jasman loses the case, he could have to pay "fees and costs and such other relief the court deems just and equitable," according to Jasman's complaint. Lee didn't request money in his motion, but he could ask for money within a year if he wins.

When Morrison initially requested the county defend Jasman, the commissioners approved the request, according to court records. The commissioners changed their decision after the prosecutor's office advised them not to pay for Jasman's defense.

The advice led to visiting Douglas County Superior Court Judge John Hotchkiss disqualifying Lee and the prosecutor's office from handling the case, according to court records. Lee appointed two special prosecutors to the case. One to handle the proceedings against Jasman, and one to advise the commissioners about paying to defend Jasman.

Hotchkiss' ruling led Morrison to submit a second request to the commissioners to pay for Jasman's defense costs, according to Jasman's complaint.

They denied the request based on advice from the special prosecutor.

The commissioners reportedly stated the motion "was not an action or proceeding for damages."

Jasman is asking for attorney fees and costs, according to court records.

Ahrend stated the county should pay the defense costs because Jasman was acting in good faith and following instructions from his supervisor.

"He is legally authorized to do what he was instructed to do and the commissioners originally approved his defense costs for those reasons," he stated.

Douglas Vanscoy, the Pierce County chief civil deputy prosecutor, appointed to advise the commissioners agreed to defend the commissioners in the lawsuit.

He stated in his answer that the commissioners had other reasons for denying the request and that Jasman didn't follow the law when the request was made for an attorney to defend him.

Vanscoy argued the motion to appoint a special prosecutor means Jasman can't pursue the lawsuit.