County Attorney: Davis resigns; Walton likely to be appointed

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By Ann McGlynn | Friday, August 3, 2007 9:57 AM CDT | () comments

The resignation of Scott County Attorney Bill Davis may mean another major change for an office staffed by part-time employees: The new lead prosecutor’s position, as well as the assistant jobs, may be switching to full-time status.

ONLINE DOCUMENTS

Read Bill Davis' letter of resignation.

Read the letter from Scott County regarding the resignation.

Read the letter of intent from Scott County to fill the opening.

Read the letter written by Michael Walton to Scott County, requesting that he be considered for the position of County Attorney.

Read a story written for the Quad-City Times about Bill Davis as he prepared for the infamous Klindt murder trial.

Mike Walton, who is expected to be appointed Tuesday by the county Board of Supervisors to fill Davis’ job, said it is his intention to do just that.

Walton will be winding down his own private practice “without jeopardizing anyone’s case,” he said Thursday. The change involving assistant county attorneys would be made over time.

The board will make the final decision on whether to change the positions to full-time, which, by state law, would not allow any of the attorneys to have a private practice.

It was trouble with Davis’ private practice that resulted in the suspension of his license.

“We will put that on our agenda in the future,” Jim Hancock, the board chairman, said Thursday. “I think it’s something we absolutely need to discuss.”

Davis, 66, who served as Scott County attorney for 29 years and prosecuted most of the county’s most notorious and high-profile crimes, visited Hancock’s home Wednesday night to submit his letter of resignation.

“I have been privileged to serve this community for nearly 29 years as the Chief Law Enforcement Officer. The office remains more than ably staffed by experienced, competent trial attorneys and support personnel,” Davis wrote.

“I have been informed that obtaining the return of my license to practice law will take more time than I had originally believed. Therefore I respectfully request that the Board promptly appoint a successor county attorney.”

Davis could not be reached for comment Thursday.

Walton, who was Davis’ top assistant and has been acting county attorney in his absence, is the board’s pick, Hancock said.

“I can tell you that the county will be in excellent hands with Mike Walton. He’s got a great career behind him. He’s got all of the experience in the world. He’s been in that office for several years and tried some high-profile cases. We will not miss a beat in the county attorney’s office.”

Asked about Davis’ demeanor during their conversation, Hancock said Davis was “broken,” but also “relieved.”

“Bill is not only a great attorney, but a personal friend of mine. It was emotional on my part,” Hancock said.

Davis’ license was suspended in July for failing to comply with an Iowa Supreme Court Commissions’ order to turn over trust account records from his private practice. He also was publicly reprimanded in June by the state’s attorney discipline board for improper handling of an estate.

Last year, he settled a federal lawsuit filed by a former Stockton, Iowa, woman who lost her home in a foreclosure. She alleged that Davis did not file the necessary paperwork to fight the foreclosure in Muscatine County District Court. The two settled for an undisclosed amount of money.

And a malpractice lawsuit against Davis is set for a hearing Aug. 13 in Scott County. The lawsuit alleges Bernice Jackson, Arnold Grice and Ananise Grice hired Davis to represent them in an accident injury claim, but that he never filed their complaint. The statute of limitations has since expired. In addition, Davis’ office has prosecuted Arnold Grice for several crimes. Arnold Grice now awaits trial on a charge of first-degree kidnapping.

Appointing Walton

The Scott County Board of Supervisors is expected to appoint Mike Walton the county attorney Tuesday morning. Walton, who was Bill Davis’ top assistant, has been acting county attorney since Davis’ license to practice law was suspended in July.

The appointment will be effective until the next general election in 2008.

However, a special election could be held if a petition bearing 5,615 signatures (10 percent of the votes cast in the most recent gubernatorial election) is filed by Aug. 21, officials with the county auditor’s office said.

Who is Mike Walton?

Bill Davis hired Mike Walton in December 1988.

On Tuesday morning, Walton will take over Davis’ job as Scott County Attorney. Then he will go to court to prosecute Megan Price on a charge of second-degree murder.

Davis told Walton late Wednesday afternoon of his decision to resign as lead prosecutor for an office that handles more than 5,000 criminal cases per year.

“I was saddened, but understand what he needs to do and want him to do what’s best for him,” said Walton, who added that he plans to run for the office if a special election is called and in the 2008 general election.

During his time in the county attorney’s office, Walton has led or assisted the prosecution of several major cases, including: the murder of Michelle Jensen by six teenagers, the conviction of Jeramy Essary for the suffocation death of his 1-year-old son Niqolus; and Chad Enderle for the death of Gregory Harris, who was hit several times in the head with a large walking stick and a rock as he slept on a couch.

“Consistency of service by the County Attorney’s Office is very important during this period,” Walton wrote in a letter Thursday to the Board of Supervisors.

Asked whether having his sister, Julie Walton, work in the county attorney’s office as an assistant poses any conflict, Walton said he believes it would only if he had appointed her, which he did not.

“The work that Julie does is very difficult practice,” he said. “She has lasted in that role (prosecuting sex abuse cases) longer than any assistant county attorney. She is very well-respected … and competent in a very difficult area. It is not in the state’s best interest to lose her as a prosecutor.”

Davis, he said, was “a great guy to work for.”

“He was a joy to watch in court. I learned a lot from him. He is going to be missed,” Walton added.

— Ann McGlynn

Ann McGlynn can be contacted at (563) 383-2336 or amcglynn@qctimes.com.