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County keeps losing counsel

IN ST. LAWRENCE: DA, public defender having difficulty retaining assistants
By ELIZABETH GRAHAM
TIMES STAFF WRITER
THURSDAY, JULY 2, 2009
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The St. Lawrence County Public Defender's Office case load is growing as the economy worsens, and its new chief says there are too few attorneys to handle it.

"I've been here three days, and three times just yesterday I was asked to go to court at the spur of the moment," said Mary E. Rain, who began working full time Monday. "If I was not there, there would have been nobody to take those court appearances."

She said records show the number of misdemeanor cases her office handles grew by 5 percent in a year, and almost 10 percent since 2007. Widespread job loss means more people running afoul of the law qualify for public defense, she said.

"The other side is the potential increase in crime — forgeries, identity thefts, domestic violence, petit larceny. It's like a double-whammy," Ms. Rain said.

The three criminal public defense attorneys in her office handled 1,821 cases last year, she said, and lawmakers trimmed an attorney position from her office this year.

She said the starting salary for an assistant public defender is $42,900, and pay raises in the last five years have amounted to about 1 percent.

Lawmakers in January tabled a resolution setting a salary range of $59,061 to $74,711 for senior Social Services attorneys, the chief district attorney and deputy county attorney. A salary range of $48,000 to $66,814 was proposed for all assistant attorneys. The measure never came to a vote.

Four of the county's top attorneys have since decided to move on to greener pastures. Former Public Defender Brian D. Pilatzke resigned in May to enter private practice with former Assistant District Attorney Thomas C. Finnerty Jr., who resigned in April.

Chief Assistant District Attorney Alexander Lesyk announced his intent to resign earlier this week, and Conflict Public Defender William J. Galvin resigned last month. Both cited low pay and too many cases.

Legislature Chairman Gregory M. Paquin, D-Massena, appointed a panel of lawmakers to look into attorney salaries and case loads last month.

"This has been an issue I have been discussing with attorneys and legislators since May of 2008," said County Administrator Karen M. St. Hilaire. "We have not moved very far on it, and it's time to take a serious look at it."

In contrast, Jefferson County does not have a high turnover rate for attorneys, according to its administrator. Robert F. Hagemann III credits a decision to improve attorney pay as the reason.

The entry-level salary for an assistant public defender or district attorney in Jefferson County ranges from $51,200 to $57,000, he said.

"Tenure-wise, we've been very successful with regard to attorneys staying for a more measurable period of time, four or five years," he said. "There was a period in the late 1990s when we were keeping staff for maybe two years, and we thought that was pretty good."

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