ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, March 6, 1993                   TAG: 9303060287
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: BONNIE V. WINSTON STAFF WRITER
DATELINE: RICHMOND                                LENGTH: Medium


FEE QUESTIONS CALLED `POLITICAL'

Arlington lawyer Bill Dolan, thought to be the front-runner over Bedford County prosecutor Jim Updike for the Democratic nomination for attorney general, says questions being raised about a $300,000 legal bill he once submitted to the state are politically motivated.

Dolan, who was special prosecutor in a 1990 forgery case that resulted in the conviction of a Norfolk judge, billed taxpayers $312,971 for his and his law firm's time and expenses on that case, according to state records.

Dolan ultimately was paid $121,000 to cover himself and seven other lawyers.

He strongly defended the fee this week, and suggested that questions about it are being raised now to undermine his campaign for attorney general.

Democratic sources opposed to Dolan tipped news outlets about the fees this week. The party caucuses that select convention delegates begin next weekend. "The timing of the questions and the superficiality belie a serious legal inquiry and leave me to draw the conclusion that this is politically inspired," Dolan said.

Updike sidestepped questions Friday about whether he intends to make Dolan's billing in the case a campaign issue. "My theme is: I'm not running against anyone; I'm running for attorney general."

But Updike noted that the $300,000 billed by Dolan is more than he would make in a full four-year term as Bedford's prosecutor. Updike's annual salary is $73,000; his office's total budget this year is $163,188.

Dolan, a former president of the Virginia State Bar, which regulates all state lawyers, was asked in April 1989 to be special prosecutor in the case of Norfolk Judge Joseph Campbell, who was accused of forgery and malfeasance.

Dolan submitted bills totaling $312,971 to cover himself and seven other lawyers for 1,968 hours, at rates of $85 to $200 per hour.

In mid-1990, the state Compensation Board notified Dolan that the state only pays $50 hourly to special prosecutors. The board agreed to consider a higher rate for the Campbell case, but ultimately stuck with the $121,412 payment it had made to Dolan.

Dolan said Thursday he understands that, on its face, his fee may raise questions. "I can see that some may say, `Was this an attempt by Dolan to fleece the commonwealth and he was caught at it?' " Dolan said. Documents in the case and other evidence say no, he said.

"If someone wants to criticize my legal work or how I handled this case, then OK. But to infer that I did something improper is really wrong," he said.

David P. Baugh, a Richmond criminal defense attorney who prosecuted political corruption cases as a former assistant U.S. attorney, said "for a non-capital offense, [the 1,968 hours] certainly seems like more time than I would think necessary."

But Baugh acknowledged that Dolan was handling a "high-profile" case, which Baugh said adds to the pressure and need to "look under every rock." Doing so, he said, can take additional time.

In April 1990, a jury convicted Campbell of forgery and malfeasance.

The case is now on appeal to the Virginia Supreme Court.

Keywords:
POLITICS



by Archana Subramaniam by CNB