Mower County District Court Judge Donald Rysavy was assigned Wednesday to hear the salary dispute between Freeborn County Attorney Craig Nelson and the county. The hearing is set for Feb. 3.

Nelson filed a lawsuit against the county, demanding a review of his salary set by the board &045; $72,063.65 for 2003.

The figure reflects a 3 percent cost-of-living increase from 2002. All county employees, except elected officials in their first term, were given the same increase.

Nelson contends that his salary level is too low compared to county attorneys in other, similar-sized counties.

Nelson and his attorney, Bob Goldman, appeared at the board meeting Dec. 30, and indicated $80,000 as a threshold. The board chose to let the court decide instead of settling the lawsuit.

Nelson pointed out that his office maintains a 75 percent prosecution rate, which is considerably higher than the average of 50 percent in other counties.

The lawsuit was carried in accordance with a state statute that allows the county attorney to appeal to the court if the determination of salary by the board was arbitrary, oppressive or in unreasonable disregard of the responsibilities and duties of the office and the county attorney’s experience, qualifications, and performance.

County District Court Judges John Chesterman and James Broberg recused themselves from the case.