Prosecutor will be hired this month

Wade Bowie, Allen County attorney, will handle cases in Municipal Court until a new city prosecutor is hired — which may be him.
City Administrator Carl Slaugh said Bowie agreed this week to interim duty in Municipal Court, and that his was the only application received so far for the position.
Information about the position was sent to attorneys throughout southeast Kansas on Dec. 27. The city will accept applications until Jan. 18. Compensation for a prosecutor will be determined when a contract is negotiated.
Bowie initially made himself available for prosecutorial duty only when the city council sought applicants for a city attorney after dismissing Chuck Apt on Sept. 24, with the provision that Apt would continue prosecution until December.
Two Iola law offices — Johnson Law Office and Immel, Works and Heim — applied for counsel work, along with an attorney from Lawrence, Slaugh said. The Iola attorneys declined to be considered for prosecution because of conflicts they anticipated with clients.
The conflict arises, both pointed out, because as private attorneys they often represent people in unrelated cases who end up with a criminal charge in Municipal Court.
The Lawrence attorney had no previous experience as a city attorney or prosecutor, Slaugh added.
Robert Johnson was appointed city attorney on Nov. 13.
Bowie was in the midst of an Open Meetings Act investigation of the city council, which made members reluctant to appoint him prosecutor when they selected Johnson for counsel services.
“Their rationale was to avoid a conflict,” Slaugh said.
“I think things can be worked out, though” he said, stopping short of naming Bowie his favorite for the prosecutor’s job.

APT SERVED as city attorney and prosecutor for 18 years, taking up the baton from his father, Charles Apt. Together they held the positions for well over 50 years.
By provisions of his contract, Apt was paid $3,000 a month — $36,000 a year — with any time on task over 22 hours in a month earning him an additional $100 an hour. His contractual rate for the 22 hours was a touch over $136 an hour.
Johnson is being paid $135 an hour, but will not attend each meeting, as Apt did.
A condition of employment he and other applicants mentioned before his appointment was that they saw little reason for an attorney to be at a meeting unless needed for a specific discussion. Council members agreed.
Slaugh said he was uncertain how annual costs would shake out, although he allowed expenses for two attorneys, one for council matters and one to attend to Municipal Court proceedings, might increase overall legal fees.
“Unless we magically reduce litigation and legal problems” for the city, he added.
Slaugh put together a spread sheet of hours Apt worked from February through his dismissal in September and found that he averaged about 32 per month, or 10 above his monthly contract of 22. Of the total, 9.8 hours were for meetings, 6.9 for trial work as prosecutor and 15.5 for litigation.