Point #11
True’s advice to the BOCC regarding attorney fee issues has coincided with increased litigation involving the County, resulting in additional costs to taxpayers.
Summary: The Moye lawsuit, initiated in 2025, remains ongoing with certain elements unresolved as of 2026. The case named several individuals, including former Commissioner Lyndon Haines and former Prosecutor Delton Walker.
According to the October 14, 2025 Board of County Commissioners (BOCC) meeting minutes, the Washington County Prosecutor and Deputy Prosecutor did not represent Mr. Haines or Mr. Walker in this matter. The Court noted that the County has the legal and ethical authority to provide representation for former officials under such circumstances.
The Prosecuting Attorney did not represent Mr. Walker due to a separate legal action he had filed against him and had also disqualified himself from representing Mr. Haines. As a result, both individuals were required to retain private counsel and have since sought reimbursement of their legal fees from the County.
Records indicate that on July 10, 2025, the BOCC approved attorney rates of up to $500 per hour for legal representation in other County-related litigation. However, in this instance, the Prosecuting Attorney advised the BOCC to limit compensation for Mr. Wasden, counsel for Mr. Haines and Mr. Walker, to $185 per hour. This matter was revisited during the October 27, 2025 BOCC meeting, but the position remained unchanged despite multiple requests for reconsideration.
As a result, Mr. Haines and Mr. Walker have pursued legal action to recover attorney fees they assert are owed. These circumstances have raised concerns regarding consistency in County decision-making, equitable treatment of former officials, and the potential financial impact to taxpayers from ongoing litigation.
Questions have also been raised regarding whether this approach reflects appropriate oversight and management by the BOCC, as Idaho Code 31-813 provides that the Commissioners direct and control the prosecution and defense of civil actions involving the County.
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