Despite maintaining its own legal office, San Benito County has
spent at least $32,000 on private attorneys over two civil cases
that allege corruption in county government, according to hired
lawyer Nancy Miller.
And that amount is rising.
Despite maintaining its own legal office, San Benito County has spent at least $32,000 on private attorneys over two civil cases that allege corruption in county government, according to hired lawyer Nancy Miller.

And that amount is rising.

The county hired the Sacramento law firm Miller, Owen and Trost to represent the Board of Supervisors in two civil cases filed in San Benito County Superior Court. Both lawsuits are against several government officials, including all five supervisors.

The suits have included a challenge to Measure G’s placement on the March 2 ballot and a resident suing officials for a series of alleged acts of corruption.

Allegations in both suits stem from a private investigation commissioned by the anonymous group that calls itself Los Valientes.

Salinas lawyer Michael Pekin has represented both plaintiffs, including resident Juan Monteon, whose corruption suit is still in litigation.

Pekin believes the county still owes Miller about $10,000 for her services throughout January and into February. Miller said she is not sure how much additional fees have been – and will be – incurred.

She blamed the county’s additional legal costs on Pekin.

“I think the answer is this,” Miller said. “That’s an expense the county has to incur to go defend themselves.”

The Monteon case has two hearings scheduled – for Feb. 17 and Feb. 24. And more litigation could be necessary if the judge does not throw out the case.

Pekin said he is more concerned about the case than the county’s costs. Though he did put in a written public information request two weeks ago for those incurred legal expenses.

“I am going to decline comment on that,” Pekin said about the county hiring Miller, “because I don’t have sufficient knowledge of the county structure.”

The Board of Supervisors gives the final say on hiring outside attorneys. The County Counsel’s Office includes Karen Forcum, the head lawyer, and three deputy county counsels.

Forcum did not return phone calls made to her office Thursday.

“I think it turns out – it’s sort of out of her (Forcum’s) forte,” said Supervisor Reb Monaco. “So she needed some additional help with that, so we really had no other option.”

Supervisor Richard Scagliotti did not return phone calls made to his office. Supervisor Bob Cruz did not return phone calls made to his cell phone. Supervisors Ruth Kesler and Pat Loe declined comment.

“I don’t think it’s a very wise thing for me to comment on when I’m in an election,” said Kesler, who is running for re-election in District 2.

The primary runoff for that race is March 2. Cruz is also running for re-election.

The county also spent $100,000 on Miller’s services for a civil case in which Ridgemark Corp. sued the county, Miller said.

It lasted for more than two years and went to a trial. The county won the case.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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