Citing the large workload and a number of felony cases that have been dropped, law enforcement officials asked the Box Butte County Commissioners to consider making the position of Box Butte County Attorney full time.
At the last meeting of the commissioners in 2021, Box Butte County Sheriff Tammy Mowry and Alliance Police Department Chief Philip Lukens presented a case to the commissioners as they discussed setting the salaries of elected officials.
“One of the issues for the city is, the citizens have brought up the concern about drugs and safety,” said Lukens. “We recognize there’s only 100 pennies in the dollar, and the County Attorney’s Office is trying to do a lot with a little. To the extent that the case load is difficult, that’s not to say that they’re not available, any time we call, we get answered. We’re not saying that we’re having trouble. We’re just saying the amount of work load that it takes in case preparation is not always being met.
“What has happened over the course of time before I got here, there were about 33 felony cases that were dismissed,” Lukens said. “Some were clerical errors, or things like that, that are just simply from trying to rush to put together a case, because there’s not adequate time to prepare.”
Lukens noted an APD detective met with a deputy county attorney regarding multiple drug cases. Lukens said between 13 and 14 cases were recommended to the Attorney General’s Office for prosecution because of the amount of time that would need to be devoted to the cases.
“What we’ve been told is there’s not enough time to be able to work on all of those cases,” said Lukens.
He noted other cases were sent to be prosecuted federally. Lukens explained that there are other issues affecting criminal cases, such as a backlog at the state crime lab.
“We take drugs, after we make a buy, and we can’t just arrest a person because we’ve had some of these cases dismissed on speedy trial issues,” Lukens said. “It wasn’t the County Attorney’s fault; it’s a state lab issue. So, what happens is, we submit cases to the state lab, they’re behind by months—it used to be a few weeks turnaround, now it’s months. So, we can’t arrest that person right then and there because of the technicalities of the case.
“When we finally get the results back from the state lab, in whatever way they show up, then, all of a sudden, we’re ready to prosecute and start making arrests,” said Lukens. “This ebb and flow can overwhelm the County Attorney’s Office.”
Lukens said the solution would be to have a full-time prosecutor in Box Butte County.
“We need somebody who can spend more time, that way we can do this,” Lukens said.
Lukens noted that a meeting with the FBI, the Attorney General’s Office and rural law enforcement is set to take place soon, with the goal of finding ways to address drug enforcement policies in rural Nebraska.
“Where we can have it on a local level, we need to be able to have support to try and do that,” Lukens said.
Lukens emphasized the Alliance Police Department does not have a problem with the County Attorney’s Office, noting they are not being turned away in times of need. He said more time needs to be dedicated to the caseload.
Commissioner Susan Lore noted that the position, at one point, was a full-time position. She said the board of commissioners may need to consider making it a full-time position again. Mowry indicated that if the commissioners raise the salaries of elected officials, she would rather allocate that increase to the County Attorney’s Office to make it a full-time position.
County Attorney Terry Curtiss explained that prosecuting cases takes a significant amount of time.
“That’s the problem that all three of us face right now is there are not enough hours in the day,” said Curtiss. “The reason I say you need a full-time County Attorney is that person then devotes the time to manage everybody else. You’ve got to have somebody there basically answering questions and dealing with stuff 24/7.”
Curtiss explained that it takes continuity to make the office work effectively. He addressed the issue of prosecution.
“To the extent there have been issues with prosecutions, suffice it to say that prosecutors are held to pretty strict standards, as far as compliance with stuff, much more so than anybody else practicing law,” said Curtiss. “That’s the way it is. That’s part of the reason I say what I say about you need somebody there full time, because, hopefully, that helps alleviate situations where something isn’t sent, or those kinds of problems.”
Curtiss said having the Attorney General’s Office available to assist with the recent drug cases will help the County Attorney’s Office to catch up. He also noted having a public defender will also help with some of the prosecution issues.
“Right now, you’re dealing with four different public defenders with four different ideas about what an appropriate plea bargain should be and is, so, we’ve been trying cases,” Curtiss said. “My philosophy is, if they don’t accept the plea, then you try the case. You don’t buckle and give them a better plea because they said no to the first one. That’s why there’s lots of trials.”
Curtiss said there will be an increased cost to having a full-time county attorney. Lore cited the search for a public defender as a reason to offer more compensation for the full-time position. Curtiss said attracting qualified people to run for the position is difficult as fewer attorneys are seeking a general practice.
Commissioner Steve Burke asked Curtiss what he believes would be an appropriate compensation for a full-time county attorney. Curtiss said he would do some research into salaries other counties offer for a full-time county attorney.
“We’re talking about setting a salary for an elected official, and there may not be anyone who runs for the position,” said Curtiss. “So, all of this could be an exercise in futility. It just depends.”
The commissioners are expected to make a decision on the salaries of elected officials at their meeting on Jan. 5, as the deadline to set the salaries is Jan. 15.