Wednesday, September 01, 1999
Prosecutor: Sheriff broke law when he sued Democratic Party
Allen says calls Leis' suit 'political stunt'
BY DAN HORN and HOWARD WILKINSON
The Cincinnati Enquirer
Mike Allen
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Simon Leis
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The Hamilton County prosecutor says Sheriff Simon L. Leis broke the law last week when he sued the Democratic National Committee to recover expenses from a presidential visit.
In a blistering legal opinion, Prosecutor Mike Allen argues that state statutes prohibit Sheriff Leis or any other county sheriff in Ohio from practicing law.
“I am disappointed that the chief law enforcement officer in this county has so little regard for the law,” Mr. Allen said Tuesday. “I was stunned and shocked by the sheer arrogance of his actions.”
The legal opinion, which Mr. Allen intends to file today, seeks the lawsuit's dismissal.
It states that the sheriff “overstepped his authority” because he circumvented the prosecutor's office, which is supposed to represent all county officials in legal matters.
“The courts can't be used for political stunts,” Mr. Allen said.
Three weeks ago the sheriff asked for a meeting to discuss a possible lawsuit against the Democratic National Committee and the U.S. Secret Service.
Sheriff Leis wanted to sue to recover the $8,400 his office spent to provide security for President Clinton's fund-raising visit to Cincinnati on July 23.
The sheriff said the fund-raiser, which took place at the home of attorney Stanley Chesley, was a political event that should not be billed to taxpayers.
“The prosecutor said he would get back to the sheriff,” said sheriff's spokesman Steve Barnett. “He failed to do so, so the sheriff took it upon himself to file the lawsuit.”
He said Sheriff Leis would not comment on the prosecutor's opposition to the lawsuit or his contention that the sheriff acted improperly when he signed his name to the suit.
In the three-page memorandum that he will file today in Common Pleas Court, Mr. Allen cites a state law that he says clearly forbids the sheriff from taking such action.
“No sheriff or coroner shall practice as an attorney at law in any court,” the law states.
Mr. Allen said the law requires all legal matters to go through the prosecutor's office to prevent county officials from pursuing their own personal or political agendas.
He said he sympathizes with the sheriff's position on the reimbursement of expenses, but he could not find any legal grounds to file a lawsuit.
Mr. Allen said he would have informed Sheriff Leis of his decision this week if the sheriff had not taken matters into his own hands on Friday.
“He filed this lawsuit without even the courtesy of a phone call to my office,” Mr. Allen said. “I read about it in the newspaper.”
He said Sheriff Leis also acted improperly when he identified two attorneys in his office — Gail Wright and F. David Albanese — as his legal counsel.
Under the law, Mr. Allen said, only the prosecutor can act as legal counsel for county officials. He said Sheriff Leis, a former county prosecutor, should know better.
“When he was prosecutor, he made it very clear that only the prosecuting attorney can represent Hamilton County,” Mr. Allen said. “He knew he was out of line when he filed this.”
The lawsuit — as well as Mr. Allen's memorandum urging its dismissal — will likely be assigned to a judge today. The judge will decide whether to proceed with the suit or throw it out.
The Democratic National Committee could not be reached for comment, but local party officials welcomed the effort to dismiss the sheriff's lawsuit.
Tim Burke, co-chairman of the county Democratic Party, said it's routine for local governments to pay part of the cost of presidential security.
“(Sheriff Leis) made it plain he is just doing this for political purposes,” Mr. Burke said.
Mr. Burke's Republican counterpart, H.C. “Buck” Niehoff, said he has not spoken to Sheriff Leis or Mr. Allen about their legal battle.
“I'd just as soon stay out of it,” Mr. Niehoff said.
The dispute is the latest in a long line of disagreements between Mr. Leis and county prosecutors.
The sheriff and former Prosecutor Joseph Deters clashed repeatedly before Mr. Deters became state treasurer.
Mr. Allen said he and the sheriff, a fellow Republican, had “an excellent relationship” until he filed the lawsuit.
“He doesn't seem to understand he's no longer prosecutor,” Mr. Allen said.
Prosecutor: Sheriff broke law when he sued Democratic Party
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