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Board declines action on hiring outside counsel for sheriff after tense exchange and threat of lawsuit

Cleveland County Board of County Commissioners · October 14, 2025
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Summary

The board heard a request to contract James M. Levine's law office at $300/hour for FY2026 to advise deputies and the sheriff; no motion was made and the item failed for lack of action. Attorney Levine later told the board, "I want you to know that it is my intent to file suit against this board and its members in their individual capacity."

The Cleveland County Board considered on Oct. 14 a request by the Cleveland County Sheriff's Office to approve the Law Offices of James M. Levine for professional services in FY2026 at a rate of $300 per hour, billed in .1‑hour increments. Sheriff Chris Amason and attorney James M. Levine described the proposed role as police legal advisory work — advising deputies and supervisors on incidents including officer‑involved shootings and custody injuries, and offering advice that could serve as an affirmative defense under 42 U.S.C. §1983 and §1985.

Commissioners pressed for clarity about scope and overlap with existing counsel (Pierce Couch). Mr. Levine said he represents individuals — deputies and the Sheriff — in matters where plaintiffs name them in their individual capacity and explained the difference between insurer‑retained counsel (he said represents insurance company clients) and his role advising individual officers. No motion or second was made to approve his contract; the item failed for lack of action. After the item failed, Mr. Levine sought to speak and, when pressed, said the statute is mandatory and declared, "I want you to know that it is my intent to file suit against this board and its members in their individual capacity." Chairman McHughes told Mr. Levine that threatening litigation was not the appropriate way to offer service to the county.