Circuit Judge Martin A. Fitzpatrick ruled Friday that Liberty County is required to pay $162,113.39 in legal fees for the trial of Sheriff Nick Finch last October.
As previously reported, Finch was arrested and suspended from office in the spring of 2013 on charges of official misconduct and destroying or altering public documents. However, he was found not guilty during an October 2013 trial and reinstated.
Who was responsible for paying his legal fees became a subject of debate resulting in Finch and the legal firm of Judkins, Simpson, High & Schulte that represented him at trial filing suit against Liberty County.
According to court documents, the county contends that any reimbursement of fees would be controlled by Liberty County Resolution 09-2 which caps the hourly rate for such fees at $150 per hour. However, that resolution is derived from the county’s obligation to defend the sheriff against civil liability, not criminal action. Judge
Fitzpatrick determined it was not applicable.
Judge Fitzpatrick also stated there was no agreement in place limiting the county’s liability to $100,000 as was argued.
Furthermore, Judge Fitzpatrick ruled that the hourly rate of $425 charged by Finch’s attorneys was reasonable under the circumstances, along with the number of hours spent on the case. Costs, other than $634 for the sheriff’s travel expenses, were also considered reasonable.
The judge ruled in favor of Sheriff Finch and his attorneys awarding $162,966.25 in fees, $6125.90 in costs, less $15,000 raised at a fundraiser, for a total of $154,092.15. Interest of $8021.24 was added bringing the grand total to $162,113.39. Until the bill is paid, Judge Fitzpatrick said interest will accrue at 4.75%.
