Leis gets public money for private attorneys

The public has to pay for private attorneys Hamilton County Sheriff Simon Leis Jr. (pictured) hires so he can sue the commissioners to pay for a new jail.

Commissioners Phil Heimlich, Todd Portune and Pat DeWine earlier this month unanimously rejected Leis’ request to hire the private attorneys with public money. Leis took the rejection to court.

In a Thursday hearing, presiding Hamilton County Common Pleas Court Judge Robert Ruehlman granted Leis’ request.

Ruehlman made the decision without elaborating on his reasons, assistant prosecuting attorney James Harper said today. The judge read written arguments on the issue and transcripts of the Dec. 20 meeting where commissioners rejected Leis’ request.

Leis now plans to hire attorneys John Hust and Larry Barbiere to sue commissioners.

Commissioners may also have to hire lawyers instead of using the prosecutor’s office, which normally serves the board. Because the prosecutor’s attorneys represent the commissioners on many other issues, it could be deemed a conflict of interest for them to serve in that capacity on this issue, Harper said.

County Administrator Patrick Thompson said in a Thursday e-mail to commissioners that he is “trying to get the Sheriff to back off on this nonsense.’’

For years, Leis has complained about overcrowding at the Hamilton County Justice Center and the three other jails – with a capacity of about 2,200 inmates -- under his jurisdiction.

Already, Hamilton County is spending $7 million per year to house 300 of its inmates at the Butler County jail.

A Leis suit would keep pressure on commissioners to do something to solve the issue.

One way to ease the pressure is to place the issue before voters again.

Voters rejected Issue 12 in the Nov. 7 elections that would have increased Hamilton County’s sales tax by a quarter-cent to pay for a $230 million jail and a $30 million property tax rollback.

To get another tax increase on the May ballot, commissioners would have to begin holding public hearings on the issue by Jan. 28 and pass a resolution by Feb. 22.

Portune wants to reconstitute a jail task force to study the issue as early as Jan. 3 – the new board’s first meeting.

The dynamics of the board of commissioners changes next week as Democrat David Pepper replaces incumbent Republican Commissioner Phil Heimlich.