The Sullivan County District Attorney’s race between Glenn Kroll & Jim Farrell raises interesting issues. Case in point is the distribution of several dozen bottles of “Krol” brand vodka to consenting adults. While technically within the letter of the law, such campaign tactics give the appearance of impropriety, because booze tends to cloud people’s judgment.
Many are unaware that a D.A.’s position is held to be “quasi-judicial” in nature, owing to the discretionary power. Much like a judge, a prosecutor can unilaterally dismiss cases — by deciding not to press criminal charges. And so, D.A.s (or candidates) must follow judicial rules of ethics. Kroll’s unorthodox methods of liquid generosity baited his opposition into revealing an embarrassing fact:
Retiring D.A. Steve Lungen is ethically prevented from publicly endorsing any candidate other than himself. By openly lending his support to Jim Farrell’s candidacy, and criticizing Kroll’s perfectly legal activities, Lungen is improperly using his position for political purposes, rather than remaining impartial. Farrell, by tolerating Lungen’s ethical lapse, thereby becomes a part of it. No matter which way you look at it: cheap shots, or liquor shots, everyone is crossing the line.
The issue of a prosecutor’s quasi-judicial campaign ethics came up eleven years ago, when then-current NY Attorney General Dennis Vacco held a press conference on the steps of the Ulster County courthouse in Kingston, to endorse Sean Matthews against Kevin Cahill for the 101st NY Assembly District race in ‘98. E. Michael Kavanagh, the district attorney, stood silently alongside Vacco; he was running unopposed for state supreme court judge. It was an ethical can of worms — which remarkably helped defeat U.S. Senator Alfonse D’Amato, and bring Chuck Schumer to Washington.
It was a funny story. Vacco accused Cahill of being “soft on crime,” for opposing Megan’s Law. But Cahill was out of office for two years when Megan’s Law was passed, having lost in ‘96 to John Guerin. On top of that gaffe, Vacco’s choice Sean Matthews was a convicted drunk driver (just like former president George W. Bush; and veep Dick Cheney).
Reference: http://www.courts.state.ny.us/reports/judicialcampaignethicshndbk.pdf Quasi-judicial employees, such as judicial hearing officers, court attorney-referees and support magistrates, are subject to the same limitations on political activity as judges (22 NYCRR 100.6[A]; Opinions 05-14; 00-117 [Vol. XIX]; 95-119 [Vol. XIII]).
See also Schumer v Holtzman; 60 N.Y.2d 46 — a case about the quasi-judicial nature of prosecutorial discretion — which blew up in D’Amato’s face back in 1998, when he tried to use it against his opponent.
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