John Rebchook is a former Rocky Mountain News reporter with more than 30 years of experience in writing and communications... The Colorado Attorney Genera’s office no longer will represent Erin Toll’s boss in her whistle-blower case.
The Colorado Attorney Genera's office has hired a private attorney, Cathy Greer, to take over the Tolll case.
Instead, a private attorney has been hired, who is being paid $200 per hour.
William Finger, the private attorney representing Toll, who was forced on paid leave as the director of the Colorado Real Estate Division in March by Barbara Kelley, the head of the Department of Regulatory Agencies, a week ago filed a motion that said the attorney general’s office faced a conflict of interest, because it also has served as Toll’s attorney on numerous occasions.
“It was our position that it was mandatory that they withdraw,” Finger told InsideRealEstateNews.com today. Finger, in motion filed today, said that he has no success in reaching the attorney, Cathy Greer, so far. “Ms. Greer has been unavailable..Ms. Greer has not responded, as of yet to the message,” he left for her, Finger wrote in the motion, seeking to dismiss a previous motion by the attorney general, which asked that Toll’s whistle-blower complaint be dismissed.
Mike Saccone, spokesman for the attorney general’s office, said that the attorney general could have continued to represent DORA and Kelley against Toll, but decided not to.
AG office wanted no appearance of conflict
“We’re off the case,” Saccone said. “We believe the circumstances do not require the attorney general’s office to withdraw itself.” But he said to demonstrate an “abundance of caution and in an effort to remove” even a perceived conflict of interest, outside counsel was hired.
Greer is an attorney with Denver-based Wells Anderson & Race LLC .
Greer has public, private experience
Private attorney Cathy Greer has been hired by the Colorado Attorney General's office to represent DORA against Erin Toll.
Greer, a practicing attorney since 1976, had served an an assistant attorney general for Colorado, after graduating from the University of Kansas School of Law. She also has served as counsel to the Colorado Bank Commissioner and the Colorado Savings and Loan Commissioner, as well as serving as an assistant prosecuting prosecuting attorney in Missouri, before entered private practice in 1987. As a private attorney, she has focused on civil litigation, primarily in the areas of business litigation, employment, and civil rights defense. Her practice includes the defense of corporations and public entities and officials in federal and state trial and appellate courts, as well as before administrative agencies. Her practice also involves advising corporations on electronic discovery, document preservation, and retention issues.
Greer could not immediately be reached.
Greer will be paid $200 per hour, said Julie Postlethwait, spokeswoman for the Colorado Department of Personnel & Administration. Postlethwait said there is no cap on how much Greer can charge. She said the state put out a request for proposals last year for outside counsel and Greer was chosen at that time, following the open process. Toll was put on a leave following an investigation of a mortgage company, American Home Funding, for alleged deceptive advertising. Toll initially said that she was also investigating one of the company’s brokers, Sen. Ted Harvey, R-Highlands Ranch. Later, DORA said that Harvey was not part of the investigation. Toll, in court documents, said that Kelley killed the investigations of American Home Funding and Harvey. Kelley placed a gag order against Toll, banning her from discussing her case publicly or with members of her staff.
Contact John Rebchook at JRCHOOK@gmail.com or 303-945-6865
