Burleigh County official suggests special prosecutor

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BISMARCK, N.D. (AP) - North Dakota should consider a system for appointing special prosecutors in public corruption cases, the Burleigh County state's attorney says.

State's Attorney Richard Riha earlier asked Attorney General Wayne Stenehjem to take over the investigation of whether two Workforce Safety and Insurance Agency workers were victims of retaliation after they reported problems at WSI. Riha cited a possible conflict involving his office, because a WSI official also is a Burleigh County commissioner.

Stenehjem referred the case to the state Highway Patrol and asked Grand Forks County State's Attorney Peter Welte to review the investigation.

The naming of another prosecutor by the attorney general, if he decides he has a conflict of interest, does not erase the appearance of a conflict, Riha said.

The North Dakota State' Attorneys Association can discuss whether the state needs a new law to name an independent prosecutor in public corruption cases, he said.

"There really is no mechanism for having an independent prosecutor to come in," Riha said. "We don't really have that."

Former Attorney General Heidi Heitkamp said the potential for conflicts of interest involving WSI calls for a special prosecutor with broad authority.

"You've got to look at what's going to give people a sense that things are being taken care of and getting reviewed," Heitkamp said. "I think how it's been structured so far is too narrow."

Stenehjem said a new law is not necessary. He said outside consultants are reviewing WSI operations after a state audit triggered criminal investigations.

"Ultimately it will come to public light," Stenehjem said.

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