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Harvey County attorney urges board to keep fifth prosecutor position amid caseload and court coverage pressures

2980068 · March 25, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

County Attorney Heather Figger told commissioners the office needs an additional prosecutor to ensure court coverage and timely charging, citing 48-hour custody requirements, complex felony cases and a shortage of new attorneys in the market.

Heather Figger, the Harvey County Attorney, told the Board of Commissioners on March 25 that staffing shortages are limiting her office's ability to cover four district court judges and meet time-sensitive legal deadlines.

Figger said the office currently has four filled prosecutor positions and that the county previously authorized a fifth slot. "We absolutely still need the spot," she told commissioners, describing the issue as "butts in seats in court" rather than a simple caseload metric. She explained that arrests may be held for 48 hours before charging decisions are required and that many matters require quick turnarounds. "Some of these things have two-day or three-day turnaround time periods," Figger said.

Figger described several recruitment challenges: fewer law-school graduates, competitive salaries in neighboring jurisdictions and the timing mismatch between law-school graduation and local hiring. She said the county has tried recruiting experienced attorneys from nearby counties and is exploring summer internships for second-year law students to build a future pipeline. "Law schools just aren't graduating near as many kids as they were when I graduated 15 years ago," she said.

On prosecutorial approach and outcomes, Figger said the office has sought to use available resources to pursue prison-recommended cases where warranted. She noted recent jury wins and that some cases previously handled in the county had been filed but not prosecuted to completion in earlier years. "There are a number of cases that were filed that nothing ever happened on them," she said.

Why it matters: County prosecutors handle time-sensitive duties that affect custody, pretrial detention, juvenile proceedings and public safety. Commissioners asked for comparisons with neighboring counties; Figger said local judicial structure and historical filing practices make direct comparisons difficult.

What the board heard: Commissioners pressed for data and context. Figger said raw caseload totals do not fully reflect courtroom demands and outcome complexity, and that the office is making staff-recruitment efforts including posting openings, attending job fairs and pursuing potential internships. She asked the commission to prioritize keeping the authorized fifth prosecutor slot unfilled and available until a suitable candidate is identified.

Ending: The board heard Figger's request and discussion about pay competitiveness and recruitment strategy but did not take immediate, binding action at the March 25 meeting. Figger said she would continue recruitment efforts and might seek support for internships or pay changes if needed.