A judge found Island County in contempt for withholding a retiring deputy’s pay despite a court order barring such action.

Judge Michael Rickert ordered the county to pay Brian Legasse $12,923 that was withheld from his paycheck when he retired this year. The county also was ordered to pay $400 in interest as well as attorney fees — which could be considerable — to be determined at a later date.

The judge’s decision is part of a labor dispute involving the county and the guild representing deputies in the Island County Sheriff’s Office over whether deputies may keep more than 100 percent of their regular pay when they receive benefits from the Department of Labor and Industries while on paid sick leave.

That larger issue will likely be resolved either by the Public Employment Relations Commission or through arbitration, according to attorneys on both sides.

The dispute over paychecks goes back as far as 2010. The guild filed a lawsuit against the county in 2012, seeking withheld wages and double damages.

The guild is represented in the lawsuit by attorney Chris Skinner of Oak Harbor. The county is represented by Debbie Boe, a deputy prosecutor in Kitsap County who has expertise in labor law.

Island County Prosecutor Greg Banks said he recommended that the commissioners hire a Kitsap County deputy prosecutor; Banks works with the sheriff’s deputies and has a conflict of interest, so he couldn’t handle the case.

Boe explained that the county believes the deputies shouldn’t be able to keep both pay from sick leave and L&I, which together amounted to 160 percent of their pay. She said the county took steps to recoup the money from the deputy’s paycheck.

In January, Legasse and Coupeville Marshal Rick Norrie, a sheriff’s office employee, filed partial summary judgment motions, arguing that the county held wages in excess of 5 percent of their pay. Skinner explained that state law clearly prohibits that large a withholding.

The judge agreed, ruling that the wages were unlawfully withheld. Skinner said the county is liable for exemplary damages of twice the withheld wages, plus attorney’s fees.

In May, Skinner successfully obtained a temporary restraining order barring the county from withholding further wages while the issue is unresolved.

Nevertheless, the county withheld nearly $13,000 from Legasse’s paycheck in June, which was his final paycheck after he announced he was retiring. The county filed an ex parte motion to deposit the money in the court registry, which a judge granted.

Skinner filed a motion to vacate the decision to deposit the money, which was approved. He said the county’s attorney tried to do “an end run” around the temporary restraining order by appealing and asking the state Court of Appeals for a stay.

Early this month, the Court of Appeals denied the appeal and stay request. Boe explained that the court found that the temporary restraining order was issued in error but that there wasn’t a substantial issue for review.

A week later, the Skagit County judge found the county in contempt and ordered the county to give Legasse back his paycheck.

The judge hasn’t decided exemplary damages and attorneys’ fees in the matters. In an earlier filing, Skinner asked for $42,000 in attorney fees alone.

Bow said the years of litigation have been unnecessary.

“It’s not time well spent on either side,” she said.