Officers who sued city seek to disqualify lawyer from case
Published Thursday, November 20, 2008
Digg
delicious
Facebook
Mixx
Reddit
Stumble It!FAIRBANKS — Two police officers who are suing the city of Fairbanks and top police department officials want a judge to disqualify the police chief’s lawyer.
Doug Whorton and Al Hutton are suing the city for more than $800,000 under the Alaska Whistleblower Act, saying Police Chief Dan Hoffman demoted them in retaliation for telling the city mayor about the police department’s problems.
Motions filed in federal court show the officers want attorney Joe Evans removed from the case. Evans is representing Hoffman and Deputy Chief Brad Johnson.
Whorton and Hutton said there’s a conflict of interest because they plan to call Evans as one of their witnesses should the case go to trial.
Evans said the move is premature because no trial date has been set, and his clients have a right to hire the lawyer of their choosing.
“Clients are entitled to counsel of their choice, and opposing parties should not be able to use disqualification as a tactical weapon,” he stated in an e-mail.
The case is before Judge Ralph R. Beistline in U.S. District Court.
Whorton and Hutton filed the lawsuit in July, saying they lost rank after telling Fairbanks Mayor Terry Strle about equipment deficiencies, lack of training and nepotism at the department.
The city and its top officials say that is not true and that the officers went to the mayor to discuss management decisions and personnel assignments.
The officers also complained about a hostile work environment. The city hired Evans to investigate the claim, and the attorney produced a report calling it unfounded.
If the case goes to trial, Evans could be called to the witness stand to answer questions about his investigation, said Linda Johnson, attorney for Whorton and Hutton.
“Ethically, at trial, you cannot serve as both the witness and an attorney,” she said.
A separate law firm is representing the city of Fairbanks and has joined Hoffman and Johnson in their efforts to keep Evans on the case.
A couple of issues Beistline will have to sort out are whether Evans’ testimony would be vital to the plaintiffs’ case and whether he could say something that would put his clients in a bad light.
Attorneys Howard Trickey and Matthew Singer, who are representing the city, said in a court motion that they would step in and defend Hoffman and Johnson should the need arise.
Community Discussion
Newsminer.com doesn't necessarily condone the comments here, nor does it review every post. Read our full user's agreement.
Sounds like some skulduggery against the whistle-blowers...
If, indeed, "the city hired Evans to investigate the claim, and the attorney produced a report calling it unfounded," how can Evans now represent any party to the investigation? Given his involvement in the initial investigation, Evans should have declined to become the attorney for Hoffman and Johnson, based on ethical considerations. He's already been paid for the investigation; because of his finding, is he now being rewarded by being hired by the people he supported in that investigation? (Quid pro quo, if you will?)
Or, so it seems from reading the news story...
.
how good are the CITY atty. gonna fight for them if they have to flip sides....I have seen this on LAW & ORDER it only turns into a fight for fair....
DROP THEM ALL GET NEW and START FRESH... otherwise MISTRIAL ON TECHNICALITY.... and re do anyway....
heck and the world is worried about a "GLOBAL MELTDOWN and DROWNING POLAR BEARS" this is simple T.V. LAW!!!! get a grip!
Give us a break.... Sounds like 2 cops that got fat,lazy, and complacent, then demoted to make room for someone that could do the job. Now they're wanting $800,000 from us taxpayers???? $800,000????Aren't the police officers union represented? Doesn't sound like their union is doing anything about the demotions.. must have felt the demotions were justified.
Why don't these 2 officers quit wasting taxpayer's time and money and focus on doing their job.... maybe they wouldn't have got demoted had they been doing it all along.
Maybe Guardian Security is hiring, if they have it so bad.
Finding a better way to make a living, sue the City. Cry babys just cant do the job they were hired to do, and do as you are told. The lawyers just love it... all the way to the bank... screw the tax payers... again/
Completely aside from the merits of the case itself (or, as has been commented, whether injured whistle-blowers deserve compensation), it seems like any investigator (such as Evans) should be disqualified (ethically, as well as judicially) from later serving as a paid attorney for any party he investigated. Otherwise, it is inviting fraud: The party with the deepest pockets will always "win" the investigation, and then the investigator can be hired on appeal.
Astounding that there should be any issue with the propriety of Evans representing any party to the investigation -- it is definitely improper! At the very least, the judge should disqualify Evans to avoid even the appearance of impropriety!
Otherwise, maybe justice really is a commodity, like TP, that can be bought and sold by the highest bidder. I sure hope not.
.
I'm not taking sides here, because I have close connections with all parties involved.
Plus, the truth (hopefully) will come out in due time.
But "BigPicture," and "Bugger" need to be corrected big time.
First off, Doug Whorton has put his very life on the line for this community time and time AND time again.
A dedicated police veteran who rose to the rank of Lieutenant before all this controversy took place.
I've known him for years. He's anything but "Fat, lazy and complacent."
I haven't known Officer Al Hutton as long, but from what I do know, his dedication towards serving and protecting our community is just as strong.
Still doing so while carrying the intense burden of his young son's recent death.
His Marine son. Killed in Iraq.
Yeah! Officer Hutton came back from burying his son, and got right back to the job.
Sound "fat, lazy, and complacent?"
You be the judge...but I think not.
As I said earlier, I'm not taking sides.
I have long associations with Dan Hoffman and Brad Johnson as well.
I consider all four men friends.
Whorton and Hutton saw what they perceived as problems, and its come to this.
Hoffman and Johnson are doing right by defending themselves.
People have been putting this process into play for a very long time, and will continue to.
But to put down two people that, despite the legal stuff going on, STILL aid in keeping these streets safe, helping to safeguard YOUR asses as well.
"BigPicture," "Bugger!" I think you can come at them much better than that.
That's one of the biggest problems in this country, "sue".
These officers must of been evaluated, and based on performance got demoted. The old timers carved out this country,wore their knuckles down to the bone from hard work. They must be get tired of rolling in their grave, cause people are lazy, and want to make fast money by suing, squeal! Pig!
Thanks for setting that record straight, OldSkoolNook42. I don't know any of the parties involved, but I did question the automatic (apparently incorrect) negative judgment from bigpicture and bugger. Sometimes there are legitimate reasons to sue someone. It doesn't automatically mean they're trying to get something for nothing. It's the way our system works, and just because some people have misused the laws in the past, doesn't mean these men should automatically be thought of in that light. You know what they say about ASSuming.
From what was explained in the article, it sounds like the officers have a legitimate gripe. It appears that Evans should not have taken the case due to the rather obvious conflict of interest.
First, I've never been in jail but after this posting I expect something will happen to change that status. Second I used to believe that being nice and helpful to police officers was the way one should conduct themselves. I've had personal experience with law enforcement in Fairbanks and now understand that item two holds no value. On two separate occassions I witnessed absolute incompetence. In the first case I saw a policy being enforced that had little to do with the actual case. I witnessed a police officer get angry and make a life changing decision to a law abiding citizen without regard to the consequences. In fact - when faced with the truth this officer did nothing to correct the situation. I saw extreme nepotism that crossed the lines between corrections and the Chief. By the way you are all aware there is a receiving person in corrections with the same last name as the chief? A complaint to the state proved futile. A complaint to the mayors office resulted in - we don't control the police - that's the states job. A friend one day reminding me that things happen, tickets are issued, do you really want to pursue this? On the second event - my things were stolen, high dollar value - the police would not even come to take a statement. I for one - hope the case goes forward and these people are exposed for what they are. I want truth nothing more. But with that truth I expect to see changes, perhaps some level of professionalism? Maybe some sort of training that includes anger management for police officers?
Hey, sounds great, if I don't like what you tell me I'll just skip the chain of command and go to the top. If this dosn't work maybe I'll go to Sarah, oh wait, she's bias against law enforcement.
Sounds like two winers who should relax and have another donut.
Police incompetence and police corruption is a huge problem in this community. Hopefully these officers are able to bring to light the issues that some Fairbanksans are already experiencing.
We've got some professional police bashers in this community and I am pretty fed up with it. everytime an article appears, and comments are enabled y'all come out of the woodwork - gee - I wonder what your involvement with the police is - did they by chance enforce a law your way?
Sarcoidjeff, if your comments were directed at me the answer is no I've never been arrested nor placed into custody. I did however, have the opportunity to be of assistance to a FPD officer only to watch in amazement as things went from bad to worse. I am still stunned by the actions and words of this officer. I also am stunned that the individual working in corrections never received a single reprimand for his actions. He shares the same last name as the chief of police you know. I read state regulations regarding responses to inquiries and complaints. Again, in amazement as the state chose to ignore the problem, the chief ignored the problem, the mayors office deferred the problem claiming they had no power over the police. No this isn't a new problem. The state, the governors office, even the attorney general have all received this complaint to no avail. The only response ever received was from an "independent (sic)" state agency that decided to close the case rather than focus on the issue because it was election time. As for coming out of the woodwork this article was sent to me as several people know how angry I am at the lack of professionalism and Ethics - yes I mean ethics in the FPD. What amazes me even more is our new mayor or at least the office of the mayor making the claim that police matters are state issues and not Mayorial issues.
Everytime an article appears, the brainwashed "police can do no wrong" folks come out of the woodwork too.
Along with all their insinuations that those who validly challenge things concerning cops, (heck, even cops are challenging things concerning cops), have a chip on their shoulder.
Well, plenty of people do, I suppose, because plenty of people have been treated wrongly by cops.
I agree with the cops suing. Too many cops have bad attitudes, (training), and nepotism is rampant.
Why would anybody sue the city ? Oh yea,because the city is O for in lawsuits.
For those with grudges - and I do know as in all porfessions there are cops w/attitudes - go public with your complaints - be specific - I never said cops can't do wrong (there are bad egss in ALL lines of work)- I am just astonished at the anti cop establishment in this community - do you remember a few years ago - an airport police office and FPD officer were involved in a gun battle with a bad guy - the bad guy shot first. The FPD officer was shot and wounded. The airport officer returned fire and killed the gunaman. The anti cop establishment came out in full force to crucify officers that were not only doing there job but protecting themselves.
I really have nothing agaist cops, and I have been arrested, a couple times. Because I was doing something I wasnt supposed to be doing. Im only anti cop when Im doing something I shouldnt be doing..lol. (Which is nothing) Cue the twinkling Halo. ;)
There is a lot of anti cop sentiment in Fairbanks because the vast majority of cops people encounter have power complexes. It would seem as though because they have guns, they think their God! If more peace officers would communicate respect to the community and its citizens they might receive more respect from all those professional police bashers.
I doubt it, some people just dont like police, they dont like to be told that what they are doing is wrong. Most cops didnt start out with "power complexes" but refined them, after having to deal with a volatile criminal element. I, for one, would not make a good cop, Im too nice and gullible...."Oh, you havent been drinking? You reek of it, and you are slurring your words, and you ran over three trash cans...OOOOOhhhhh, the trash cans were left in the street...OK, citizen, carry on!!" lol.
Not every police officer is an angel, IM sure, they are human. But I'd rather be with one, than without.
COPS LIKE THEM ARE THE REASON WE DONT CALL 911 IN THE TRAILER PARK.
You can call all you want... but if you're not beating your wife they won't respond.
grneyecossack
Im not sure what you are implying, but Dan Hoffman (chief) has no relative working in the Police Department.
Brad Johnson (Deputy Chief) has a wife who is the director of the dispatch center and a brother in law who is an officer.
Hey "OldSkoolNook42" and "doris", Okay, so maybe they're not fat, lazy, and complacent but it's probably safe to say they didn't get demoted for being over achievers or superstars.
And "doris", sorry for coming off negative but suimg for $800,000???? $800,000??? Sorry but that's going to result in negative thoughts. Give us a break, maybe you don't have a problem with them wanting $800,000 from hard earned taxpayers money but I sure do.
OldSkoolNook42, That's great that they "STILL aid in keeping these streets safe, helping to safeguard YOUR asses as well". That's what they were hired to do...WOW
They have even more of a vested interest in keeping the taxpayers safe as they want $800,000 from them now.
Maybe since you guys are so connected with this case maybe you could answer a few questions.
Are the police union represented? If so, why didn't this go through the grievance process? Or did the union not grieve this because the demtions were justified? If the union grieved this and it was found that the demotions were unjust, they would have got their jobs back... right? But I guess it's better for them to sue for $800,000??
Why don't these two open up a Dunkin Donuts and then maybe they could earn that $800,000 instead of wanting it from us taxpayers.
I have no problem with the police and I appreciate all that they do but these two jokers are a different story.
* Something is entirely amiss here. *
Most police departments resolve such complaints through a separate internal means. Sort of like a separate administrative judicial system generated to handle such controversial issues with the power to ignore the usual ranking and criticism of the Chief.
I believe the office/department that should be handling this, at this point, is a department of the AST (Alaska State Troopers) equipped to handle internal administrative issues. This would avoid stuff getting entirely publicized and bloated out of shape.
Later on, if Fairbanks PD doesn't already have such a office to handle such internal administrative issues such as this, should be equipped to do so. I believe they already do, and somehow were kept out-of-the-loop on this one.
$800,000 I guess is to handle their yearly salary while they're on suspension along with attorney's fees. With a strike of a pen, a State governor could fix any wrong doing and probably would suite both parties in conflict here just as well.
I detest stories like this. At this point, I question everybody's intent. What's more important? The love of the job of law enforcement, money or power?
I know what I'd do. If all else failed, and I still loved my job, I would relocate to another city for work -- as most cops do and/or are required to do so to work within a jurisdiction.
I am from a state pretty far from you guys and I am doing some research on four law enforcement officers from your area. I am interested in all information I can gain on three local officers, and one state trooper. If you have had personal contact--good or bad--with any law enforcement officers from these two groups in the last twelve months, I would really appreciate your input into my research. I need actual facts from real instances of interaction with them, real names of the officers, an approximate date of the incident, and a way to contact you back if I need to verify your input. I would appreciate anyone who would be willing to help. Please e-mail me at outofstater@sbcglobal.net. Thank you.
All our law enforcement officers seem to perform excellently here.
Then again, I'm law abiding. <GRIN>
Post a comment
Commenting requires registration.