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St. Lawrence County judge recuses self from current cases after filing complaint against DA

Posted 4/20/16

By JIMMY LAWTON CANTON – St. Lawrence County Court Judge Jerome Richards has recused himself from all criminal cases involving the District Attorney after filing a complaint against DA Mary Rain. …

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St. Lawrence County judge recuses self from current cases after filing complaint against DA

Posted

By JIMMY LAWTON

CANTON – St. Lawrence County Court Judge Jerome Richards has recused himself from all criminal cases involving the District Attorney after filing a complaint against DA Mary Rain.

Lucian Chalfen, spokesperson for the state court system, confirmed that Richards submitted a letter of complaint to the Committee on Professional Standards regarding Rain and has since recused himself from cases related to her.

Details on the letter are kept private until the have been reviewed by the committee and findings have been released. This is done to protect individuals from false accusations.

“Richard’s felt he needed to recuse himself based on a complaint he submitted to the Committee on Professional Standards,” Chalfen said.

Chalfen said the committee handles professional issues, not criminal accusations.

Chalfen directed further questions to the Committee on Professional Standards.

A phone call to the Committee on Professional Standards was returned by Chief Attorney Monica Duffy, but only to say that everything the committee does is kept private. She refused to answer even basic quesions regarding what the committee does, or what authority the committee has, or what sort of action could result from the review of a complaint. She directed us to the committee's website.

According to the Appellate Division Third Judicial Department Committee on Professional Standards website, the organization can take action leading to suspension or disbarment of an attorney.

“The Committee reviews complaints against Third Department attorneys. A complaint may be dismissed where found to be unproven or it may result in the issuance of a confidential educational or disciplinary letter to the attorney. In the case of serious misconduct, a disciplinary proceeding may be commenced in the Appellate Division, which can result in the public censure, suspension or disbarment of an attorney,” the website says.

The letter submitted to the committee is likely the same one Judge Richards referred to during a hearing last week. The complaint involved Assistant District Attorney Jonathan Jirik, who allegedly prosecuted a felony trial in county court without having the proper credentials.

See more on that at http://northcountrynow.com/news/da-exchanges-allegations-ethical-lapses-defense-attorney-former-st-lawrence-county-prosecutor

Chalfen said a judge from a neighboring county will be handling Richards’ cases beginning Monday.

Richard’s recusal comes in the wake of a request by the county’s services committee for a state investigation to determine if Rain is fit to serve as district attorney. That request still requires approval from the Board of Legislators, which is expected May 2. See more on that at http://northcountrynow.com/news/legislators-call-governor-initiate-investigation-potential-removal-st-lawrence-county-da-rain