By JIMMY LAWTON

CANTON – The majority of St. Lawrence County Legislators have no confidence in District Attorney Mary Rain's ability to perform her duties.

St. Lawrence County Legislators voted 10-3 Monday in favor of calling on the state to initiate an investigation for the potential removal of Rain.

The measure approved was slightly revised from the original resolution presented to the county Services Committe last week to include the words allegedly and allegations, but the majority of the wording remained. Approval by the entire board was required Monday before the request could be forwarded to the state.

“St. Lawrence County Board of Legislators respectfully requests that the Governor of the State of New York, authorize and order an investigation to determine if the current district attorney possesses the demeanor, the ethical fitness and requisite judgmental ability and the integrity needed to fulfill the duties and responsibilities of a duly elected district attorney , and to make a determination of whether or not there are reasonable grounds to believe that crimes may have been committed by the district attorney," the resolution says.

Opposing the resolution were legislators Travis Dann, David Forsythe and Chairman John Burke. All three favored letting the Committee on Professional Services conduct its investigation as requested by Judge Jerome Richards, but disagreed with the county resolution. Richards last week recused himself from all cases involving Rain because of a complaint he filed against her with the state Committee on Professional Standards.

Legislator Rick Perkins had reservations, but voted in favor of the measure. He was displeased with the infighting between Richards, Chief Public Defender Steven Ballan and Rain. He said all three shared blame in the recent controversy.

“I've had enough of the Hatfields and McCoys,” he said. “They need to grow up or resign.”

Rain was again not present at the meeting.

“Since taking office her tenure has been marked by allegations of sexual harassment within the office environment, the loss of grant funded positions, the firing and forced resignation of assistant district attorneys, one of which has resulted in a suite being brought against the county; the resignations of several other ADAs which have left the current office minimally staffed with inexperienced attorneys,” the resolution says. “This recently resulted in allowing a law school graduate, not yet admitted to practice without 'immediate' supervision, to prosecute a felony grade case in St. Lawrence County Court, which was subsequently dismissed after which Ms. Rain was publicly accused of fraud by the sitting county court judge.”

Dann said he did not believe the county would take on the investigation. He said the resolution amounted to little more than politically motivated posturing and said that even if the state did investigate Rain, they would take their time and likely wait till her term was up so the public could vote on whether or not to keep her.

Kevin Hammond, a St. Lawrence County resident who spoke at the meeting, called on the board to take action.

“A felony was committed here in court,” he said. “It doesn't matter what it costs.".

The resolution included references to recent statements that Rain planned to indict individuals she didn't like.

“Ms. Rain's tenure has been marked by continued failings, allegations of incompetence, short comings in the performance of her sworn duties, and now having an enemies list that she wants to use to silence and demoralize her critics, all of which bring dishonor upon not only the office of the district attorney, but County of St. Lawrence and its citizens as well.”

The resolution will now be forwarded on to state officials.