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Conflict of interest with the Basalt town attorney?

Basalt’s town attorney acknowledges that it may look like he had a conflict of interest when representing his boss at a legal proceeding earlier this summer.

Tom Smith, who is contracted to legally represent the town and its citizens, appeared with Mayor Jacque Whitsitt when she was questioned during a criminal investigation by the District Attorney’s Office.

Aspen Public Radio obtained the audio of the July 1 interview with Fifth Judicial District Attorney Bruce Brown and his investigator:

“Tom Smith, of the firm Austin Peirce and Smith, appearing on behalf of Ms. Whitsitt … and that’s because you are town attorney? I’m here as their personal attorney, her personal attorney … OK”

The interview was related to an open records request by a citizen who was seeking text messages between the mayor and the town clerk leading up to the April election.

Smith said he appeared on behalf of Whitsitt to find out the scope of the investigation and how it connected to a related civil case. He says that he told Whitsitt that she would have to get private counsel it the matter continued.

He offered a mea culpa and says he will take the $600 he charged off the bill to the town.

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