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Fritts: Ouster statute does not apply to Anderson County law director

Posted at 3:12 am August 7, 2014
By John Huotari 1 Comment

Chuck Fritts, Myron Iwanski, and Dusty Irwin

Anderson County Commission Chair Chuck Fritts, left, is pictured above with commissioners Myron Iwanski, center, and Dusty Irwin. Citing an opinion from the County Technical Assistance Service, Fritts on Wednesday said the ouster statute does not apply to the Anderson County law director, the defendant in a controversial ouster suit.

 

The ouster statute does not apply to the Anderson County law director, the defendant in a controversial ouster suit, Anderson County Commission Chair Chuck Fritts said Wednesday.

Law Director Jay Yeager is essentially a county employee rather than an official, and the ouster statute doesn’t apply to him, said Fritts, citing the opinion of a legal consultant at the University of Tennessee’s County Technical Assistance Service in Nashville.

Citing the CTAS opinion, Fritts said the petitioners who brought the ouster suit against Yeager should pay the legal costs if they lose. The county could pay Yeager’s legal fees if the ouster suit fails or is thrown out of court.

In an opinion sent to Fritts on July 29, CTAS Legal Consultant Stephen Austin said the Anderson County law director is a county employee and not a county officer.

“Accordingly, the ouster statutes are not applicable to the law director,” Austin said. Yeager made a similar argument in a July 11 motion to dismiss filed in Anderson County Chancery Court. [Read more…]

Filed Under: Anderson County, Government, Top Stories Tagged With: Anderson County, Anderson County Chancery Court, Anderson County Commission, attorney, attorney-client privilege, Chuck Fritts, county employee, county officer, County Technical Assistance Service, CTAS, Dusty Irwin, Jay Yeager, Jim Hackworth, law director, legal fees, Legal Services Advisory Committee, motion to dimiss, Myron Iwanski, ouster statute, ouster suit, private act, special counsel, Stephen Austin, Steve Mead, subpoena, Terry Frank, University of Tennessee

County officials urged to hire attorneys in ouster suit as legal fees rise

Posted at 10:11 pm July 21, 2014
By John Huotari 14 Comments

Jay Yeager and Lynn Byrge

Anderson County Law Director Jay Yeager, left, the defendant in an ouster suit filed by a group of residents, is pictured with Lynn Byrge, one of the petitioners, during a Monday morning Anderson County Commission meeting.

 

Note: This story was last updated at 10:06 a.m. July 22.

CLINTON—The legal fees in a few high-profile disputes between top Anderson County officials could approach a half-million dollars, and Anderson County commissioners should all seek their own legal counsel in an ouster lawsuit filed against the law director, stunned commissioners were told Monday.

Subpoenas have already been issued in the ouster suit, and several officials, including a few County Commissioners, have reportedly received letters asking them to waive their attorney-client privilege.

Anderson County Commissioner Myron Iwanski, who is former interim mayor, said some of the records he’s been asked to provide go back 10 years, and some of them are personnel records. Iwanski said he needs legal representation because he doesn’t want to disclose anything improper, a mistake that could lead to another lawsuit.

“It’s about trying to do what’s right for the county,” Iwanski said.

He said former Anderson County Jail Administrator Avery Johnson has also been served with a subpoena and will need legal representation.

“This is just the start of the legal battle,” Iwanski said. [Read more…]

Filed Under: Anderson County, Anderson County, Government, Slider, Top Stories Tagged With: Anderson County, Anderson County Commission, Anderson County general election, Anderson County jail, Anderson County Schools, Anderson County Sheriff's Department, attorney-client privilege, Avery Johnson, Cathy Best, Chris Silcox, Clinton Courier News, David Clark, Dusty Irwin, Gregory Brown, John Shuey, Larry Davidson, legal fees, Lowe Yeager and Brown, Lynn Byrge, Myron Iwanski, ouster lawsuit, ouster suit, Paul White, Robin Biloski, Steve Mead, subpoena, Terry Frank, Tracy Wandell, Zach Bates

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