County commissioners debated yesterday costs that the county is incurring to defend its public-prayer policies in federal court, and signs mounted that the county might re-examine its role in the case.
Meanwhile, the attorney leading the county's fight said in a telephone interview that his firm stands by its original promise to pay the cost of litigating the prayer suit.
The county is defending an American Civil Liberties Union lawsuit filed against it in 2007 over the practice of allowing religious leaders to use sectarian references in the prayers they give before board meetings.
The Alliance Defense Fund, based in Arizona, is defending the county under a deal that wasn't supposed to cost the county anything, although the ADF also said it would not pay damages or legal fees awarded to the winning side if it lost.
The case is still tied up in court, but county officials told commissioners yesterday that it is costing some staff time to answer questions being put to the county as part of court proceedings.
County Manager Dudley Watts said he estimates the costs to the county so far at no more than $5,000.
Commissioner Beaufort Bailey said he plans to make a motion early next year to have the county withdraw from the suit. He cited continuing costs to the county as one of his concerns.
Bailey and fellow Democratic commissioners Walter Marshall and Ted Kaplan were opposed in 2007 to having the ADF defend the county in federal court. Marshall echoed Bailey's concerns yesterday, but Kaplan's position appeared unclear.
When the suit was filed, the board's four Republicans voted to have ADF defend the county, but the makeup of the board has since changed.
Yesterday's meeting was the first presided over by Dave Plyler, a moderate Republican who said last spring that he thought that the county's suit was unwinnable.
Plyler replaced Bill Whiteheart, a more conservative Republican who backed the county's prayer defense, on the board. Last Monday, the board named Plyler chairman.
Plyler wasn't saying yesterday how he would vote if Bailey brings forward his motion.
"Dave Plyler will follow the will of the board," he said. "We haven't gotten to that point yet."
Mike Johnson, the ADF attorney handling the county's case, said he thinks that the county's cost is nowhere near the amount that Watts cited, but he added he will contact county officials about the concern.
"Our policy and our commitment to them is to cover all costs of litigation," he said. "Any out-of-pocket expenses are covered by us. I'll cover it with them. I've never been confronted with that issue before."
When the ACLU filed suit, local prayer advocates were said to be ready to pay costs should the county lose. But Davida Martin, the county attorney, said yesterday that she has had no success in getting them to execute such an agreement.
Commissioner Debra Conrad said that the county should continue with its defense.
"I don't see that it is a huge burden on our staff," she said. "I am 100 percent confident that we are going to win."
■ Wesley Young can be reached at 727-7369 or at wyoung@wsjournal.com.
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