11th Judicial DA Linda Stanley spending thousands in taxpayer dollars to fund legal defense

FREMONT COUNTY, Colo. (KRDO) -- In newly obtained records from inside the 11th Judicial District Attorney's office, KRDO13 Investigates has learned that 11th Judicial District Attorney Linda Stanley is using taxpayers' dollars to fund her nearly two-year legal battle with Colorado's Office of Attorney Regulation Counsel (OARC), an arm of the Colorado Supreme Court.

KRDO13 Investigates can prove that Stanley's office cut a check with a letterhead reading "Office of the District Attorney, 11th Judicial Dist. State of CO" on August 17, 2023, to a law firm named "Freeman Law PLLC," one of a few attorney's that have been paid to provide her legal defense against the OARC.

Here is an image of that check obtained via a public records request:

Fremont County taxpayers like Kathy Madonna are dismayed that their hard-earned money would be used in this way.

"I shouldn't have to pay for her defense. That's not what taxpayer dollars are for," Madonna said. "I pay for somebody to be able to do their job. If she's not able to do her job and then is being investigated, that shouldn't be something that I have to pay for."

There have been a series of attorneys that have represented DA Stanley after a half-dozen complaints into her conduct were filed with the OARC since early 2022. Tom Chelston, who filed a complaint as a citizen involved in the search for Suzanne Morphew, the previously missing Chaffee County mother, says he received responsive documents from Michael Freeman, an attorney who was representing her in her "state bar matters."

In an interview with KRDO13 Investigates, Chelston argues that Stanley's use of taxpayer money to fund her legal defense "doesn't pass the sniff test," and should not be used that way.

"From an ethical and a moral standpoint, we've already crossed the threshold, in my opinion, of prosecutor prosecutorial misconduct, as well as questionable behavior," Chelston said. "There's something broken in this system, and it needs to be evaluated."

In a statement response, District Attorney Stanley is responding to her use of taxpayer money for this purpose. Stanley says the use of this money falls under the "reasonable and necessary expenses" statute, which relates to any and all expenses incurred by the office which includes representation for any legal matters.

Stanley added that typically when a "county" is sued or incurs legal fees, insurance coverage, paid for by the specific county, would handle any fees paid to include representation, potential settlement costs, or any other monies used to defend themselves.

In this case, Stanley says her office cannot use that "coverage" for her legal matters, including the ongoing state investigation into her conduct as the elected district attorney.

Stanley's full statement is provided below:

C.R.S. 20-1-303 states, “Except as otherwise specifically provided, the district attorney of each judicial district in the state of Colorado, and each of his assistants and deputies, shall be allowed to collect and receive from each of the counties in his district the expenses necessarily incurred in the discharge of his official duties for the benefit of such county.”

Otherwise known as the “reasonable and necessary expenses” statute, this section relates to any and all expenses incurred by the office which includes representation for any legal matters.  If the insurance provided by the County Commissioners included insurance coverage for legal representation, the office would have utilized that avenue.  However, it does not include that coverage. 

Therefore, the office itself pays for the representation. 

Below are two examples of applicable case law regarding this subject. Specifically, any kind of legal action or legal issue requiring representation that arise from the official discharge of the duties of the district attorney’s office are considered reasonable and necessary expenses of the office and therefore, such expenses are covered under this statute.

This section relates generally to expenses necessarily incurred by the district attorney, 

his assistant, and deputies, in the discharge of official duties. Trowbridge v. Bd. of Comm’rs, 57 Colo. 106, 140 P. 195 (1914).

Expenses arising from a lawsuit based on conduct of the district attorney within performance of his duties and scope of his employment are contemplated by this section. 

Colo. Counties Cas. & Prop. Pool v. Bd. of County Comm’rs, 51 P.3d 1100 (Colo. App. 2002).

Linda Stanley

However, Chelston says the use of this money should prompt the taxpayers in Fremont, Chaffee, Custer, and Park counties to consider starting a recall effort. But before that could happen, he says Stanley should take it upon herself to resign.

"For the dozens of other victims and families across Colorado who have been impacted by her tenure of incompetence, arrogance, and now potential moral and ethical turpitude, I am calling as a citizen of Colorado for her to recuse herself in these cases and tender her resignation immediately for the betterment of this state," Chelston said.

KRDO 13 Investigates has filed additional records request to determine the exact amount of taxpayer money used to fund DA Stanley's nearly two-year-old legal battle with the the OARC. We will bring you that number once we receive the records.

Do you have a tip you want KRDO13 investigates to look into? Email us at 13investigates@krdo.com