Delta County seeks firm records after attorney retirement; board debates terminating municipal counsel contract

Delta County commissioners asked the county prosecutor to request firm records tied to the retirement of attorney Terry Burkhart and debated whether to terminate the county's contract with municipal counsel Scott Graham.

The county prosecutor told the board she had sent a letter requesting the firm’s records and that the firm acknowledged receipt and would report back on what it retained and any associated costs. Staff warned that retrieving records could incur copying and vault-retrieval fees and that some materials may be subject to attorney–client privilege or retention policies.

Commissioners said they want at least land-transaction files and records related to lawsuits preserved; one commissioner noted the county’s own files and the register of deeds contain many documents but that the firm’s records could include additional materials. The prosecutor said she could not give a blanket answer on privilege and would review requests as they come in.

Separately, Commissioner Williams moved to terminate the county’s contract with municipal counsel Scott Graham, asking that termination be in writing with a 30-day deadline and that the firm return all files in its possession. That motion failed on roll call (Williams and Van Ginhoven voted Yes; Commissioners Johnson, Jensen and Anne Melner voted No). The board later voted to refer the contract and any potential termination steps to the prosecutor for review; that referral passed.

Board members said the records request is partly driven by public-records requests other municipalities have received and by concerns about historical files potentially being destroyed once an attorney retires. The prosecutor advised waiting for the firm’s response on what records exist and the cost of providing them before deciding on further action.

The board deferred final decisions while awaiting the firm’s response and the prosecutor’s legal review.