Maricopa County taxpayers to foot 'New Times' bill

Maricopa County taxpayers will pay for the defense of the county's special prosecutor in the New Times case, 12 News learned Friday.

Phoenix New Times is suing the Maricopa County Sheriff and attorney's offices and their special prosecutor Dennis Wilenchik. The newspaper wants damages for Wilenchik's investigation last year that led to the temporary arrest of the New Times publisher and editor.

Sheriff Arpaio, County Attorney Andrew Thomas and their special prosecutor, Attorney Dennis Wilenchik, are all listed in the New Times lawsuit accusing them of violating the first and fourth amendments. Sheriff Arpaio and Andrew Thomas are elected officials, but Dennis Wilenchik is a private attorney who was to represent the county and as a private attorney carries his own liability insurance. So why are taxpayers picking up the tab to defend him?

Sources tell 12 News that Maricopa County expects to pay Dennis Wilenchik's legal fees. We've been told it could be as high as $250,000, a figure disputed by the county attorney's office. They will pay the bill instead of asking Wilenchik's malpractice insurer for the money.

Former County attorney of 16 years, Rick Romley weighs in, "I'm troubled, if I were the County Attorney right now, I'd be asking some very, very tough questions as to why we are providing coverage on this. Number one, his contract required him to carry malpractice insurance, different types of insurance coverage's, number two, can the county even legally provide this type of coverage because we were totally out of it. We were conflicted off of the case."

In a statement released to 12 News, County Attorney Andrew Thomas office contends, "The board of supervisors unanimously appointed Mr. Wilenchik ... these individuals became county officers who are entitled to legal counsel just like any other county prosecutor..."

But a source close to the lawsuit says it should be Wilenchik's responsibility to carry mal-practice insurance for just this purpose, and it should not be a taxpayer burden. In a previous 12 News request, documents show the cost of defending Wilenchik comes on top of other fees as a special prosecutor that add up to more than $1 million from 2006-2007.

By any measure, the running tab for defending alleged missteps by county officials like the Sheriff, is quite high. Records show taxpayers have spent more than $43 million in settlements, judgments, and verdicts from lawsuits in which Sheriff Arpaio has lost.

Romley says, "I would hope at a minimum that they would have gotten a subordinate of rights letter to him saying, look, if we see you've done something wrong, we're going to recover the public's money. This is not Maricopa County's money, this is public's money. Remember, these are difficult fiscal times now and we should be watching every penny that we have."

County Attorney Andrew Thomas says the New Times suit is "frivolous," and he intends to defend his special prosecutor no matter what the cost.