Published: March 25, 2008 06:54 pm         

Gibson says he's the target of "dirty politics"

Suspended District Attorney General Bill Gibson says efforts to remove him from office "scream dirty politics," in a statement released to the Herald-Citizen newspaper.

This follows an announcement Friday by state Rep. Henry Fincher of Cookeville that he and other area legislators are seeking Gibson's removal from office.

Gibson's law license was suspended by the State Board of Professional Responsibility in 2006 for ethics violations for writing letters to a convicted murderer, offering legal and spiritual advice, and for efforts he made to have another defendant's record expunged. In January, the criminal record of Tina Marie Sweat was reinstated because the petition for post-conviction relief was filed outside the time frame required under state law.

Gibson had been re-elected to an eight-year term in 2006, and has been receiving his salary while suspended. Gibson appealed the suspension in March 2007, but the board denied that appeal.

"For me, this is a financial decision," Fincher told the Herald-Citizen. "It personally pains me to do this but we can't keep paying for two DAs."

Acting District Attorney Tony Craighead is filling the office of chief prosecutor for the district, receiving the same pay as Gibson.

Gibson responded in the statement, saying, "This is not just about me or about economics and what continues to be inaccurately presented as a 'double' salary. It is about whether the people here will choose their own DA or will that selection be made by the politically powerful people I have refused to play with over the years."

Gibson said there was not a new duplicate salary, but that Craighead and he had had two salaries for many years.

"Tony was a 'topped out' assistant DA with a salary of around $85,000 per year. He was appointed to serve as DA temporarily. He then asked that his salary be raised based on an old court ruling authorizing such a raise. The Tennessee Attorney General then issued an opinion that Tony is entitled to the raise, until I return. So please do not be mislead."

Fincher, along with Rep. Charles Curtiss of Sparta and Rep. Frank Buck of Dowelltown, are co-sponsoring a resolution aimed at removing Gibson from the DA's position. According to Fincher, the Tennessee Constitution provides for two separate procedures to remove district attorneys or judges from office for wrongdoing. The first, impeachment, requires proof of a crime, an indictment by the state house and a trial by the full state senate. But, removal can also be accomplished "for cause" with a two-thirds vote of both the house and senate, the Herald-Citizen reported.

Gibson was also the subject of an investigation by the Tennessee Bureau of Investigation that concluded in January when a Putnam County Grand Jury did not indict Gibson of a crime.

"Isn't it interesting that this has now gone on for 20 months and the very next day after I am finally able to get a hearing date set to determine the extent to which I violated the lawyer ethics code, it becomes imperative to remove me from office?" Gibson said in his statement.

According to the Herald-Citizen, the next BOPR hearing on the matter is not scheduled until August.

Fincher noted in his press release that, if the legislature does not take action in this session, the situation at the DA's office will continue another year.

"[T]hat is financially irresponsible," Fincher said. He continued that he feels it is wrong "to tell needy people they cannot get health care while the state wastes money waiting on this to be resolved. A year and a half is long enough."

Gibson responded, "According to Mr. Fincher, this removal must take place before that hearing can take place. That flies in the face of fairness and due process and screams dirty politics."

Gibson said he had attempted to resign from the office last August. He said the offer was turned down.

"That offer was turned down because the Attorney General was 'not going to get in any hurry reviewing my file' and had a big concern that I might at some point run for re-election (giving the choice back to the voters). That alone says a lot about what is really going on," Gibson wrote.

"I guess I was supposed to just wear down and throw in the towel a long time ago. But, by the grace of God, I am still here, still ready, willing and very able to go forward serving as district attorney."

If the effort to remove Gibson from the office is successful, the governor would appoint a replacement to hold the office until a new election could be held. That election would most likely not be held this year.