Nye County Commissioners and attorneys for the county public defender firm. Gibson and Kuehn, agreed to a five-year contract for $550,000 per year back in February, but there are still disagreements over the termination clause in the contract.

The prior contract for $490,000 annually, approved in July 2006, expired Tuesday. But Nye County Chief Civil Deputy District Attorney Ron Kent, noting the firm has performed admirably as public defenders for the past 16 years, said the county will honor its commitments after the expiration date.

The new draft contract requires a six-month notice before the county can terminate the public defender services of Gibson and Kuehn, and then the contract may only be terminated for malfeasance or gross negligence.

"The only way you can end up terminating this contract is by either one of these events, and then we would have to go before a judge, undoubtedly, to get a determination. This contract is worth potentially $2.5 million over a period of five years -- a very valuable contract," Kent said.

He told commissioners, "You'd tie your hands behind your back essentially."

Public defender Jason Earnest, who works for Gibson and Kuehn, described it as a minor disagreement. The duration of the contract and the amount have already been decided, he said.

"What should be the same for you should be the same for us," Earnest told the commission during a special conference call Friday morning.

The prior contract allowed termination of the contract with 10 days notice. Earnest said it takes time to transfer files to another attorney and brief an incoming attorney on their cases if the county decided to change firms.

Commissioner Butch Borasky objected to the firm wanting to change a contract after it had already been approved. Commissioner Joni Eastley said there is no contract in place, only an agreement.

Borasky also objected to the public defenders saying they could negotiate the remaining differences "behind the scenes."

Public defender Harvey Kuehn said the county has treated the firm very fairly in the last 16 years. He asked commissioners to let them negotiate with the district attorney's office on "slightly more fair language so I can sleep at night."

County Commissioner Lorinda Wichman made a motion to direct the county manager and legal counsel to reach a negotiated resolution, including a definition of the term "with cause."