Clifford wants county to pay $40,000 in legal fees

Supreme Court deciding whether to hear former prosecutor's appeal

Kanawha County could be on the hook for the legal bills formerProsecutor Mike Clifford piled up while fighting attempts to removehim from office.

Clifford wants the state Supreme Court to force the county to paythe bills. Clifford's lawyer, Lonnie Simmons, filed the petition forappeal this week. The Supreme Court will now decide if justices willconsider the appeal.

Clifford's legal fees and costs exceed $40,000 but could gohigher. The former prosecutor has personally paid more than $20,000in legal fees and costs to defend himself, according to his petition.

In 2003, Clifford tried to have the Kanawha County Commissionreimburse him for the costs of defending himself against two failedremoval petitions. They refused and he sued.

Putnam Circuit Judge O.C. Spaulding, appointed to hear the caseafter all seven Kanawha County circuit judges recused themselves,refused Clifford's initial request for the reimbursement earlier thisyear.

Spaulding wrote in his July ruling that Clifford failed to act ingood faith in four of the eight allegations brought against him inthe removal petitions. Because Clifford acted in bad faith, Spauldingconcluded, he was not entitled to reimbursement.

In his appeal, Clifford blames the county's failure to reimbursehim on politics.

His appeal reads: "County politics is a brutal blood sport, whereparticipants engage in constant backstabbing and public flagellationsof each other. This isn't North Korea; this is America, wherepoliticians have a First Amendment right to bad mouth otherpoliticians.

"Engaging in politics, even hardball or mean spirited politics, isnot acting in good or bad faith; it simply is a way of life chosen bythose who are willing to have their names placed on a ballot and beelected to public office."

The removal petitions against Clifford included allegations thathe initiated illicit investigations of political opponents and sexualharassment toward employees and that he allowed employees to gaincompensatory time for work on political campaigning.

A panel of three circuit judges decided in October 2003 that theaccusations of Clifford were not severe enough to remove him fromoffice.

Clifford re-entered private legal practice after deciding not torun for a second term as prosecutor in 2004.

His legal fees have been a point of contention between him andcounty officials since Simmons' first legal bill was submitted morethan two years ago.

Kanawha County Commission President Kent Carper has been againstthe payment from the start. He said Thursday that the appeal willpile up more money that Clifford believes he is entitled to.

"His conduct was reprehensible," Carper said. "The public shouldnot have to pay for this."

Carper and Commissioner Hoppy Shores voted not to reimburseClifford. Commissioner Dave Hardy abstained because he was named asan alleged political target in Clifford's removal proceedings.