The search for a public defender is over as the Box Butte County Commissioners signed an employment agreement with Enet Somers-DeHaney to serve in the role through Jan. 5, 2023.
The commissioners discussed the agreement during their meeting on Dec. 20, noting Somers-DeHaney signed an employment agreement with Box Butte County, leaving the commissioners to decide whether to have her serve the remainder of the term as Box Butte County Public Defender. The contract is set to begin on March 15.
The commissioners voted to approve the agreement with Commissioners Susan Lore and Steve Burke voting in favor of the agreement and Commissioner Mike McGinnis voting against it. Following the vote, Chairperson Susan Lore signed the employment agreement.
In the agreement, Somers-DeHaney will be appointed to serve at least until Jan. 5, 2023, and possibly longer, depending on the outcome of the upcoming election. The contract notes that others may run for the position of public defender.
Somers-DeHaney, according to the agreement, will be paid a gross salary of $74,375.00, paid in monthly installments of $7,083.33, and will be entitled to all benefits available to county employees. The agreement also allows Somers-DeHaney to represent non-appointed clients, “so long as such representation IN NO WAY interferes or limits ENET’s ability to perform here duties as Public Defender.”
The position has been open since Box Butte County Public Defender Joel Burke submitted his resignation on Jan. 11. Burke interviewed for the position in June 2020, accepting the position after the meeting. He took over as Box Butte County Public Defender on July 1, 2020. Burke’s predecessor, Darin Nepper began as the Interim Box Butte County Public Defender on Feb. 29, 2020, and resigned on March 4, 2020, announcing that he had accepted another position.
The position was originally occupied by Jon Worthman, who was placed on leave in Jan. 2020 after being arrested for possession of cocaine with intent to deliver. Worthman was allowed to delay his formal resignation to allow him to maintain his health insurance. The Box Butte County Commissioners accepted Worthman’s resignation in May of 2020.
Since the position of Box Butte County Public Defender has been unoccupied, the county has been relying on court-appointed attorneys.