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Elliot appointed guardian ad litem for Cheyenne County

Commissioners also approve public defender contract

During their regular meeting held Monday morning, the Cheyenne County Board of Commissioners appointed Audrey Elliot of Scottbluff as the county's new guardian ad litem.

A guardian ad litem, or GAL, acts as an advocate rather than legal counsel for children and special needs individuals within the court system to assist in protecting their rights.

Elliott was the sole bidder for the GAL position, proposing $126,000 for a two-year term, or $63,000 per year.

Prior to the appointment, District 3 Commissioner Phillip Sanders said he was "very much in favor" in having a GAL for Cheyenne County.

"I've had a lot of different conversations that I've had with people in our county," Sanders said. "Surprisingly, a lot of people don't know what a GAL is, but now they do, and from what I understand, it's pretty much as important as a public defender."

Elliot said she will soon have a local office in Sidney within the next month.

"I'm renting a space from somebody that purchased a building, so I'm waiting for them to finalize their purchase agreement," she said. "And then I'll get located here."

A contract for the position will be presented to the commissioners for review and approval at the next regular meeting, scheduled for April 18.

Commissioners also approved the two-year contract for the county's newly appointed public defender Donald Miller.

Miller will be compensated at a rate of $124,800 per year, $249,600 total, and will begin his term as Cheyenne County Public Defender beginning April 10, and will serve until April 9, 2018, according to the terms of the contract.

During the agenda item, Miller said to the commissioners when he made his proposal, he had envisioned having deputy public defender.

"Because I think that there's enough work for two people," he said.

Miller said conflict issues can be raised if the deputy public defender is paid out of the compensation in the contract.

"If I pay them, then they can be considered an employee," he said. "And if the county pays them, there's a little bit better argument for avoiding some conflicts."

Miller suggested the county pay him and the deputy public defender separately, but said he would be fine with it if the commissioners chose not to do that.

"I have to say, I think, that it's going to perhaps maybe increase the number of cases that are going to be conflicts," Miller said. "Because instead of the deputy handling one and I handle the other, if I'm conflicted, then he would also be conflicted."

The commissioners decided to keep the contract as it was and have Miller pay his deputy public defender directly.

"There will probably be some other mistakes we make, but we will have two years to learn, and hopefully by the next time we go through this we will be better prepared for it," Sanders said.

Miller said it would be a learning process for himself as well.

"But I'm looking forward to doing the work," he said.

"I don't think there will be any lack of work to do," Sanders said.

 

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