Former official sues Duchesne County over contract

ROOSEVELT — Duchesne County is being sued by a woman who was once its top law enforcement officer and later held a contract to represent the county's indigent criminal defendants.

Karen Allen filed her lawsuit, claiming wrongful termination and breach of contract, Wednesday in 8th District Court. The suit seeks payment for the balance of Allen's one-year, $52,000 public defender contract — nearly $35,000 — and interest accrued on the money.

The Duchesne County Commission terminated Allen's contract on April 30, more than 45 days after she was arrested and jailed on suspicion of driving under the influence of prescription medication following a single-vehicle crash.

According to the Utah Highway Patrol trooper who investigated the March 13 crash, Allen showed signs of impairment, including slurred speech and disorientation. She was charged in Duchesne County Justice Court with DUI and unsafe lane travel resulting in an accident.

The county commission reassigned Allen's caseload to another contract attorney shortly after charges were filed and then terminated her contract on April 30. At the time, Duchesne County Commission Chairman Kent Peatross said Allen could reapply for the public defender position once the criminal case was resolved.

"That comes with no promise or commitment," Peatross said in early May, "but it's certainly open for discussion."

In July, a special prosecutor dropped the DUI charge against Allen after test results showed she had nothing in her system at the time of crash that would have resulted in impairment. Allen, who was appointed Duchesne County attorney in 2004 but lost the 2006 election to one of her deputies, Stephen Foote, did plead guilty to the unsafe lane travel charge.

In her lawsuit, Allen says that she was "not in default of her contract" and was "willing and able" to continue to work under the terms of her agreement with the county.

Foote said Wednesday night he had not seen the civil complaint and therefore could not comment on Allen's claims.

It is unclear who will defend Duchesne County in the lawsuit because of Allen's professional ties to Foote and Duchesne Deputy County Attorney Grant Charles. It is also questionable whether either of the district court judges in the state's 8th Judicial District will be able to hear the case, due to their past working relationship with Allen.

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E-mail: geoff@ubstandard.com