A recall petition has been filed against Box Butte County Public Defender Enet Somers-Dehaney, who was appointed by the Box Butte County Commissioners in December of 2021, and re-elected during the 2022 election.
The petition was filed by Brent Hansen, of Alliance, who declined to comment on the recall. In the Principal Circulator Recall Petition Filing Form, which was filed with the Box Butte County Clerk on Aug. 23, Hansen cites the reliance on outside counsel and its cost to the county as the reason for the effort.
“Ms. Somers-Dehaney has shown her incompetence as an attorney numerous times throughout her time in office,” Hansen wrote in the form. “This incompetence has caused her to lose most of her caseload. This has resulted in Box Butte County having to hire outside counsel. Paying both outside counsel and Ms. Somers-Dehaney it has causes a depletion of county funds.”
Box Butte County Clerk of the District Court Kevin Horn told the Alliance Times-Herald that in 2023 alone, the District Court has spent more than $20,000 in court-appointed counsel. The Alliance Times-Herald contacted the Box Butte County Court regarding the amount they have allocated to court-appointed counsel in 2023; however, the total was not available as of press time.
Somers-Dehaney has 20 days to submit a defense statement, if she chooses, which would be included on the petitions. According to Nebraska Revised Statute 32-1303, the petition shall be signed by at least 35 percent of the total vote cast for that office in the last general election. In 2022, Somers-Dehaney received a total of 2,743 votes, and there were 23 votes cast for write in, bringing the total to 2,766 votes cast for the office of Box Butte County Public Defender. A total of 969 registered voters in Box Butte County would have to sign the petition. If the signatures are verified and that number is reached, a special election would take place, asking the citizens of Box Butte County whether Somers-Dehaney should remain in office.
The Alliance Times-Herald reached out to Somers-Dehaney for comment, but did not receive a response before press time.
The officer of Box Butte County Public Defender has seen multiple changes since the departure of Jon Worthman, who was placed on leave in January 2020 after being arrested for possession of cocaine with intent to deliver. The commissioners at the time allowed Worthman to delay his resignation until May of 2020. The commissioners appointed Darin Nepper to serve as Interim Box Butte County Public Defender, which he began on Feb. 29, 2020, and resigned on March 4, 2020, citing another position he accepted.
The Box Butte County Commissioners then appointed Joel Burke to be the Box Butte County Public Defender, beginning on July 1, 2020. Joel Burke submitted his resignation on Jan. 11, 2021, leaving the county to rely upon court-appointed counsel in the interim until Somers-Dehaney was appointed in December of 2021 to serve the remainder of Worthman’s term, which was set to end on Jan. 5, 2023. Somers-Dehaney officially began her role as Box Butte County Public Defender on June 22, 2022, and she filed for re-election in 2022, winning that election.
According to the agreement between Somers-Dehaney and the Box Butte County Commissioners that was approved in December of 2021, Somers-Dehaney was to be paid a gross salary of $74,375.00. In 2023, Somers-Dehaney’s salary is set at $84,600.00.
In addition, she was to be eligible for all benefits that were available to county employees. Their agreement also allowed Somers-Dehaney to represent non-appointed clients as long as that representation did not interfere with her ability to perform as Box Butte County Public Defender.
On Sept. 7, a trial in Box Butte County District against Somers-Dehaney is set to take place regarding contempt of court.