County audit probes public defender’s office

Adrienne Packer

Tuesday, Sept. 11, 2001 | 9:37 a.m.

An internal audit of the Clark County public defender's office shows county-paid lawyers ran private errands while on the clock, and the audit also addresses an illegal soda machine that had been in a public area of the office for more than a decade.

The audit, expected to be released later this week, probes Public Defender Morgan Harris' use of attorneys to do personal favors, the soda machine and claims that he requested reimbursements for volunteer work, internal auditor Jeremiah Carroll said Monday.

Harris is retiring in October after 29 years as the county's public defender.

"This came about because the assistant county manager asked us to look into it," Carroll said. "In the audit, slash, investigation, we agreed upon the procedures to go out and look at the three different concerns. We pretty much stuck to that, but we may go beyond that."

Carroll said the report will be presented to Harris, and he will be given an opportunity to respond in writing before it is submitted to county commissioners or made public.

Though Carroll said Assistant County Manager Mike Alastuey directed his office to investigate three areas of concern, Alastuey said Monday that the audit was routine; they're conducted on every division of the county every five years.

"The audit was scheduled some time ago as part of our internal audit regular cyclical plan," Carroll said. "During the course of the audit, if something arises and Jerry feels it's necessary to be included, the director is officially in charge."

Carroll said he assigned the audit to his staff Aug. 21. Two of the three allegations investigated were outlined in a Sun story in August.

Nevada Department of Employment, Training and Rehabilitation officials cracked down on the public defender's office after discovering Harris owned the soda machine, which was in a public lobby for 12 years but has since been moved to another part of the division.

State law requires vending machine owners who do business in certain public buildings -- including Clark County facilities -- to contract with the State Bureau of Services to the Blind and Visually Impaired. Contract options include payment of a licensing fee, or an an agreement to share proceeds from machines with the state bureau. Violators of the law passed in 1959 can be charged with a misdemeanor.

County spokesman Doug Bradford said Harris was unaware of the law. Harris has also declined to say how much money he has pulled from the machine, but said the money was used for retirement and birthday parties for employees.

The machine, which had been in the lobby of the building at 309 S. Third St. and was not licensed in Clark County or Las Vegas, was moved to a private break room after state officials visited Harris' office.

Bradford has also said public defender employees were sometimes asked to restock the soda machine while on the clock.

Clark County is in the midst of searching for Harris' replacement. So far five attorneys have applied for the job. The public defender position pays between $97,834 and $151,642 annually.