Pitsenbarger v. Gainer

McGRAW, Justice:

Petitioners James E. Pitsenbarger and Ronald R. Potesta, as Director of the Department of Natural Resources, seek a writ of mandamus compelling payment by respondent State Auditor Glen B. Gainer, Jr., of legal fees and expenses incurred in Pitsenbarger’s successful defense of a felony charge alleging embezzlement of state property in connection with his employment with the Department. This attempt follows the rejection of Pitsenbarger's similar effort seeking indemnification from the Randolph County Commission or Prosecuting Attorney by the trial judge, who determined that…