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Broadwater County appoints outside lawyer to assist with two complex prosecutions
Summary
Broadwater County commissioners approved a resolution appointing Mary Kochenauer of Kochenauer Law PLLC as a special deputy county attorney to assist the county attorney's office on two serious criminal matters; the firm will bill at a reduced hourly rate for as-needed work while the office remains short-staffed.
Broadwater County commissioners on a motion approved a resolution appointing Mary Kochenauer of Kochenauer Law PLLC as a special deputy county attorney to assist the county attorney's office in prosecuting two pending criminal cases.
County Attorney Kevin Bratcher told the commissioners the appointment and an accompanying contract were sent by email earlier in the day. "They're giving us a reduced hourly rate," Bratcher said, "they're only gonna be charging us $250 an hour." He said the office is short-staffed while his chief deputy, Kalyn Miner, is deployed with the National Guard and that Kochenauer has both civil and criminal experience relevant to the matters before the court.
The resolution names Mary Kochenauer to assist in prosecutions in First Judicial District Court, Broadwater County, and cites Montana Code Annotated authority for appointing special counsel. Bratcher described two specific matters he expects the firm to help on: a double homicide from the 1990s, identified in the meeting as the "Lewis" matter, and a large, complex poaching prosecution involving a defendant named Castona.
Bratcher said the appointment is intended to cover the two criminal matters named in the resolution, with the option to appoint Kochenauer for civil litigation later if additional needs arise. "If there is something...there's probably a couple civil things that might get into litigation, and we would...come back with another resolution appointing them as special deputy county attorneys for those civil cases as well," Bratcher said.
Commissioners asked whether the engagement was limited to the two cases; Bratcher reiterated it was needed immediately for those prosecutions and that future civil work would be brought back for formal appointment if required. After a motion to approve the resolution and a second, the commission voted "aye" and the motion passed.
The commissioners asked to receive executed copies of the contract and resolution once they were signed.
Ending: The appointment is limited by the resolution's terms and will end when the county attorney's office authorizes it to conclude, the county attorney said. Any expansion of the assignment to other civil matters would require another resolution and formal appointment by the board.
