By Josh Margolis
HAVRE, Mont. (NMB) – The Hill County Commission convened on Monday morning and voted unanimously to appoint Lacey Lincoln as the County Attorney.
Lincoln then took an oath of office and began serving in the role. She said she plans on running for election when the position is on the ballot in 2022.
However, the legality of the appointment is under scrutiny. No notice was provided prior to the vote on Monday morning, and the only agenda item for the Commission on Monday that the public was provided simply said that there would be an “Oath of Office.”
Mike Meloy is the Attorney for the Montana Freedom of Information Hotline and says that it seems apparent that the Commission did not follow the law.
“There are two important constitutional provisions at work here,” Meloy said in a phone interview Monday. “One is the right to participate. The other one is the right to know. And people cannot be deprived of those rights. And part of implementing those rights is giving enough notice to the public so they can participate in the decision before it is made. Apparently none of that was done. And it’s significantly important for those rights to have been observed in this case, because it is an elected official. The meetings, all of the discussion, everything should have been open.”
At their business meeting last Thursday, the Commission said they had already made a decision on who the next County Attorney would be but refused to provide a name.
“If you want to come to our swearing in on Monday morning, that would be great,” Chair Diane McLean responded when asked who the new County Attorney was. At the time, she did not say whether or not there had been a vote to make the appointment.
On Monday, McLean claimed that the process was above board.
“We have had some press reporting that we had originally made this motion in a secret meeting. And that is not true,” McLean said at the start of Monday’s meeting prior to the vote. “I do not have any recollection of ever stating that we made a motion to appoint a County Attorney, nor was that our intention. At the time, we made a motion in early November to offer a contract, offer a job, for an open position in our County to Mrs. Lincoln after her interview. We did some negotiating. That was the motion that was made. So just for clarification, it would have been illegal for us to appoint a County Attorney when Brian Lilletvedt was actually our appointed County Attorney at the time. So today, Brian turned in his resignation letter to us, we read it last week, and he is no longer that person. So today we are legally able to appoint Lacey as our County Attorney.”
There was never any public notice of a vote to appoint Lilletvedt, either. And New Media Broadcasters never received notice of the motion McLean says was made in November to offer the County Attorney position to Lincoln. No notice was provided of any interviews with applicants or the names of applicants or any contract negotiations.
“The risk the County is posing is having someone come in after the County Attorney has even started work, could come in and have that appointment voided by the District Court, which could cause the County all kinds of problems,” Meloy says. “Particularly if the action is brought after the County Attorney has done some things for the County that have significant impact.”
Meloy says any action in District Court would have to be filed within the next 30 days.
“The notice needed to advise the public of a decision to appoint her, and the public had a right to weigh in on that decision before it was made. And none of that occurred,” Meloy said.
Lincoln’s Background
Lincoln says she has been an attorney since 2009 when she was hired as a Deputy Prosecuting Attorney in Cowlitz County in Washington state.
She says she was hired as a Deputy County Attorney for Missoula County in 2017 and has served in that role until taking on her new job.
“During my time in Missoula County, I was in Justice Court for about six months. Then I went to what’s called their General Felony Unit. And for the last three years, I’ve been a part of their Special Victims Unit, meaning that I mainly handle domestic violence and sexual assault cases.”
Lincoln says she was made aware of the County Attorney opening by one of her friends on the Hi-Line, and then got more serious about it a couple of months ago.
“Is this something I want to do? Obviously, moving from Missoula to Havre is a difference. But my husband’s family homesteaded up here. So we actually have friends and family in this area. So it made it a really great opportunity. And a chance for me to see what it’s like to run my own shop rather than being a Deputy.”
Lincoln says she can see herself staying the the role long-term if the voters so choose.
“This has been something that I never thought I would do. But it’s definitely something I have a passion for. I don’t think you last in prosecution really, for over 10 years, if it’s not something that’s important to you. I do believe that this work is important, and that it should be done in a fair and ethical way, and people should know what’s going on with their legal system that the County holds. So I’m excited. Really excited.”
