Mariposa County taxpayers will be paying lawyers $325 an hour to defend county officials in a lawsuit brought by a former employee who claims he was retaliated against by top county officials.
Two weeks ago, the Mariposa County Board of Supervisors approved a contract with the law firm of McCormick Barstow LLP of Fresno to provide legal services in the case.
The case against the county was filed by Joshua Skot Keheley on Aug. 13.
The contract fees are $325 an hour for law firm partners, $275 an hour for associates and $175 an hour for paralegals.
The contract was retroactive, with a start date listed as Aug. 21 and “shall continue until all authorized work is complete.”
The board of supervisors voted 5-0 to approve the contract under its consent agenda. There was no discussion associated with the vote.
The complaint by Keheley claims officials retaliated against him because he was a whistle blower and friends with the former district attorney Mike McAfee.
Sheriff Jeremy Briese, Supervisor Jennifer Kiser and former DA Walter Wall are specifically named as defendants in the lawsuit.
Keheley resigned as an investigator in the DA’s office on Jan. 5, saying he needed to “protect his career.”
Currently, Keheley has been advertising his services as a private investigator on social media.
Earlier this year, the board of supervisors rejected a claim filed against the county by Keheley which had similar allegations. He sought $4 million in that claim.
McAfee resigned as the district attorney following an investigation by the Mariposa Gazette that he was allegedly purchasing methamphetamine from a drug dealer in Merced. He has never been charged in the case and after resigning, opened his own law office in Merced.
Interestingly, McAfee is listed as Keheley’s lead attorney in the lawsuit against Mariposa County.
Both current Mariposa County Superior Court judges, Anita Starchman Bryant and Michael Fagalde, have recused themselves from the case.
In what was an interesting twist during his interview by the board, Fagalde referenced the Keheley lawsuit when he was before the board of supervisors seeking to become the next district attorney. He noted the contract with the attorney as part of the meeting agenda.
The twists and turns to get it to that point include the resignation of McAfee, the subsequent appointed of Walter Wall to re-take his position of district attorney after he had resigned to become county counsel, the resignation of Wall a couple of months ago as he took a job in Tuolumne County and then the search for a new DA.
Fagalde, a sitting judge, was one of the people interviewed two weeks ago for the DA job during the board meeting. The other was Spenser Wagner, an assistant DA in Madera County.
When he spoke, Fagalde told the board he was the best choice because of the turmoil within the DA’s office.
“Even though the DA appears to be running smoothly now, I can tell you with a lawsuit pending, things are going to hit the fire even with the current staff. You need a sound leader …,” he said.
In the end, the board selected Wagner to become the new DA.
The lawsuit filed by Keheley has what he claims is detailed information about actions taken by the county officials, but it should be emphasized those are all claims in a court filing that would have to be proven during a trial.
County officials have remained mum on the case since it was filed by Keheley and last week’s move to formally approve a law firm to represent them was the first public action since it was filed.
The hearing in the case in Mariposa County Superior Court is scheduled for Feb. 9, 2027.
Keheley’s wife, Kristina, is the director of Mariposa County Health & Human Services Administration, a top position in county government.
A detailed outline of the lawsuit can be found at www.mariposagazette.com/articles/joshua-keheley-sues-county/
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