8/16/07 - Bar association explores suit against county

Lawyers are determining if there is legal basis for lawsuit over county’s recent creation of conflict attorney position.

(As published by Cortland Standard, Corey Preston reporting)

The Cortland County Bar Association voted Tuesday to examine the possibility of suing Cortland County over the creation of a conflict attorney position to handle cases that pose a conflict for the Public Defenders’ Office.

The Bar Association has not authorized a lawsuit at this point, Vice President Mark Suben stressed, but certain members will work on a volunteer basis to determine if there are legal grounds to file suit against the county.

Suben, who was speaking for the Bar Association because association President Ron Walsh Jr. serves as an assistant county attorney, declined to elaborate on what sort of legal arguments against the position could potentially be made, other than to say that members of the bar would “see if it was done properly, and if there’s any basis to proceed to the next step of a lawsuit.”
Conflict Attorney Thomas Miller began work in the newly created office Aug. 6.

The position was created by the Legislature last year to help curb rising costs incurred by hiring assigned counsel to handle cases that the Public Defenders’ Office can’t handle.

County officials are hopeful that the new position will save a net amount of approximately $75,000 annually — the attorney and staff will cost $125,000 annually, but should save $200,000 in assigned counsel costs, County Administrator Scott Schrader has said — but members of the Bar Association have questioned those numbers.

Attorneys Frank Williams and Ed Goehler, both of whom have worked as assigned counsel for the county, told the Cortland Standard in July that they felt a single attorney would not be able to handle the caseload that had previously been handled by numerous assigned counsel.
Assigned counsel will still be utilized, whenever the conflict attorney has a conflict...

Well, I agree with the Bar Association - Scott Schrader's numbers should be questioned... His numbers weren't right on the combined Health facility, nor on the cost of the generator installation.

They weren't right on Commissioners' salaries either.