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'No conflict' says county attorney
BY JAMES JACENICH • STAFF WRITER
 | | Highland County attorney and commonwealth's attorney Melissa Dowd says wearing two hats presents no conflict of interest problems. If a conflict did come up, she has the option of requesting a special prosecutor, she said. (Recorder photo by James Jacenich) |
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MONTEREY - Highland County supervisor Robin Sullenberger told the board of supervisors at Wednesday morning's meeting that he had asked county attorney Melissa Dowd to report on whether a conflict of interest was a concern for her since being elected commonwealth attorney.
Dowd, in a letter to the board, said she had researched the matter and found that "there is no inherent conflict of interest in me holding both positions."
Dowd was elected commonwealth's attorney in November. She has served as county attorney for 15 years.
"I suggest you think back on my 15 years as county attorney and see if you can come up with a situation where I would have had a conflict if I had also been the commonwealth's attorney. I cannot think of any instances at all," she said.
Dowd said an Attorney General's opinion from 1977 states that one person can serve in both positions. She said 22 jurisdictions in Virginia have county attorneys serving as both.
She also pointed out that historically in Virginia the commonwealth's attorney and county attorney were the same person.
In the unlikely event a conflict was to arise, the commonwealth's attorney has the authority to ask for a special prosecutor at no cost to the county, she said.
"The normal analysis to determine if a conflict of interest exists is to determine exactly who the client is and exactly what the specific issue is for representation," Dowd said. "Once that is determined, a potential conflict of interest
may be overcome by full disclosure to all parties of the potential conflict, and if all parties consent to the representation despite the potential for conflict, an attorney can proceed."
Dowd suggested two situations that, while not technically a conflict of interest, could be "awkward." One involved a hypothetical charge of embezzlement against a supervisor. She said she would neither prosecute nor defend the supervisor in such a situation, but would ask for a special prosecutor. In another hypothetical example, if a planning commission member were charged with a crime and the county attorney were defending a zoning decision in court, there would be no conflict of interest because the crime had nothing to do with the planning commission action. Nonetheless, Dowd would ask for a special prosecutor and would not defend the planning commission member in the criminal trial.
Supervisors praised Dowd for her work as county attorney.
"I commend you for the job you have done for the county. You have grown in wisdom and stature. I am pleased with your effort," said Sullenberger.
"Over the past three or four years, I have noticed a change in you," said supervisor Jerry Rexrode. "You have grown in wisdom, knowledge and understanding of people."
Supervisor David Blanchard added that he was pleased with her performance as well.
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