Originally Posted - June 18, 2006

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There's an extremely troubling pattern emerging in the northern New York. Well, actually, maybe it's all over New York but it's become very blatant in Warren, Washington and Essex Counties.

County attorneys presumably know the law, at least they are paid very handsomely to pretend to know the law. Who are they working for though, the taxpayers of the county, or are they busy running interference for the county's public officials, covering up their wrongdoings, running damage control, trying to ensure that the county's residents are denied their justified redress of grievances and ensure that public officers can violate citizen's constitutional and civil rights with immunity and impunity?

What's extremely troubling is that these county attorneys then set their sights on becoming the county judge and implant themselves even more firmly in ensuring that justice is denied to the residents, citizens and visitors of that county.

It's that same old issue of judicial accountability. It's almost like a reward, almost like a dog getting a treat for good deeds, that these county attorneys who have protected their political counterparts will accede up to the bench where their legal tyranny becomes total judicial tyranny----and that seems to be an accepted progression of abuse of power because the apathetic public allows it to happen.

Take for instance Washington County Attorney Roger Wickes. He wants to be Washington County judge and as the current county attorney, certainly should be fully aware of the Hatch Act.

The Hatch Act applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency. The political subdivision of Washington County government definitely receives both federal and state funding and as county attorney, Wickes is definitely has control over the expenditure of some of these funds and in negotiating the contracts for various departments which receive federal monies.

The U.S. Office of Special Counsel enforces the Hatch Act and if a covered individual knowingly seeks partisan office in violation of the Hatch Act, he is subject to criminal penalties and the municipality or political subdivision which employs him must either remove the employee or forfeit a portion of the federal assistance equal to two years salary of the employee.

OSC clearly states that the Hatch Act (5 U.S.C. §§ 1501 - 1508) restricts the political activity of individuals principally employed by state, county, or municipal executive agencies in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency. An employee covered by the Act may not be a candidate for public office in a partisan election, i.e., an election in which any candidate represents, for example, the Republican or Democratic party.
http://www.osc.gov/hatchact.htm

Either Wickes is plain stupid---not a good attribute for a judge but one that many have---or he is sly like a fox. The Hatch Act isn't exactly an unknown situation in the tri-county area.

"As county attorney you provide services and administrative support to (the county) Department of Social Services and DSS seeks reimbursement from federal grants for the costs of that support", the Washington-based Counsel's office told former Essex County attorney Richard Meyer when he was seeking the county judgeship. "In addition, two of your subordinate employees solely provide legal services to DSS and DSS seeks reimbursement from federal grants for the cost of those services".

And so does Wickes provide services and administrative support to the Washington County Department of Social Services. Wickes' attitude about the law, despite the established case law and prior opinions on the matter, is that he's going to wait until the U.S. Office of Special Counsel comes after him until he does the right thing---gets out of the judicial race.

The thing is, by acknowledging that he knows about the law and saying he isn't going to do a thing about it subjects him to criminal prosecution for knowing. And the county could lose its federal funding if the board of supervisors allows him to remain as county attorney. Can the Washington County District Attorney's office become involved? Well, it's already involved but not on the prosecuting end in that it would be prosecuted federally. Seems that assistant district attorney Kelly McKeighan who also wants to be judge might also be in violation of the Hatch Act because the DA's office is also the recipient of federal funding.

Covered state and local employees may not be candidates for public office in a partisan election, especially the office of county judge; use official authority or influence to interfere with or affect the results of an election or nomination, or directly or indirectly coerce contributions from subordinates in support of a political party or candidate.

Hey, Mr. Wickes---you're in a partisan election. We know Republicans in Warren County think they're exempt and immune from the law---especially Warren County Sheriff Larry Cleveland, but that's just a figment of his imagination. We have a feeling even Mr. Cleveland is going to learn, albeit the hard way, that he is not above the law. The higher they think they are above the law---the harder the fall. Double standards are about to take a hit.

Neighboring Warren County had a similar situation involving a Lake Luzerne councilwoman and a Johnsburg town justice. Ralph Dubay, town justice, works for the Warren County DSS as a welfare examiner and was told by the U.S. Office of Special Counsel that if he sought reelection as judge while still employed by DSS that he would be criminally prosecuted. The councilwoman, also a Warren County DSS employee, was told the same thing. Dubay didn't seek reelection.

Last fall over in Washington County, Robert Buck Jr. was seeking his third four-year term as Argyle town justice while employed as the purchasing coordinator for a county agency. Wasn't that a violation of the Hatch Act? Where was Wickes on that issue? Should town justices be in violation of the law while sitting in judgment of others? Do black robes and gavels give individuals the right to be above the law?

Worse yet, should county judges such as Wickes and Richard Meyer up in Essex County engage in double standards?

That's a major concern of ours…..those individuals wearing those black robes, who have the power to take away your liberty and forever change your life while playing judge aren't obeying the law themselves. Having a black dress doesn't give one a license to violate the law or deny people their rights as many judges across the country are starting to learn. Town justices don't even have to be attorneys and as the survey undertaken by the NYS Oaths Project showed in 2003-04, the majority of town and village justices in the New York State weren't even legally in office because they violated the Uniform Justice Court Act and Public Officers Law, failing to file their oath of office and bond.

Does Roger Wickes think there are double standards? That the law doesn't apply to him? He might get a rude awakening.

Wickes has received the Republican County Committee endorsement. We don't buy that Wickes isn't familiar with the Hatch Act. We contend that he knows full well that he's barred from seeking the office of county judge while he's county attorney and is allegedly violating the federal Hatch Act knowingly, willfully and unlawfully. That's criminal culpability.

Just last year, Wickes' counterpart in Essex County---Richard Meyer----ran unopposed for county court judge. He won the Republican nomination for the judicial seat from current district attorney Ronald Briggs in the September primary and Briggs then opted to drop his challenge for the position.

With only days to go before election, Meyer suddenly resigned as county attorney because he's violating the Hatch Act. In our view, he knew full well he was in violation of the law but so what? He's the county attorney. He apparently thinks---as does Roger Wickes and their counterpart in Warren County, Paul Dusek, that they're all above the law although at this point Dusek hasn't yet tried to become a judge which is fortunate for the county of Warren. However, we understand considering some of the investigations ongoing, there might soon be a judicial opening at the Warren County Court.

Essex County Board of Supervisors, mostly Republicans themselves, decided to skirt the law in Wickes' situation and named Wickes as an "independent contractor". It's called skirting the law. Just how many other laws has Wickes been skirting, or did Meyer as their roles as county attorney? Shhhhh, don't tell anyone about the law and it's okay if we violate it, it's not a violation unless we get caught? I don't think at this point, they can even claim ignorance of the law considering the publicity about it in all three counties in the last couple of years.

In Wickes' case, it appears he wasn't going to say a word about it until some conscientious person filed a complaint against him with the U.S. Office of Special Counsel. Just like Meyer. Wickes raises the question why no one raised the issue in 2004 when he ran unsuccessfully for county judge. Some mindset. So I guess if Mr. Wickes knows that criminal wrongdoing has occurred in Washington County or elsewhere, as long as no one says anything about, it's okay to violate the law. Now we know why some people get away with murder. It's only murder if you get caught.

Seems that Meyer knew about the Hatch Act ,having been notified by the U.S. Office of Special Counsel after someone filed an anonymous complaint against him but instead of doing the right thing and resigning, he chose to thumb his nose at the public, chancing it out but when the investigation was complete and Washington, DC told him he was in violation, only then did he submit his resignation. That type of person should not sit in judgment of others, Richard Meyer is not fit to wear the black robe in our opinion.

And neither is Roger Wickes.

Or Paul Dusek, should he have designs on the office.

The Office of Special Counsel told Meyer that he could either resign as county attorney or else drop out of the race. Considering that he'd been in violation of the Hatch Act since he entered the partisan race for judge, Meyer---and now Wickes--- should repay to the taxpayers the portion of his $119,000 annual salary from the time he first started circulating his petitions and engaging in partisan political activity. After all, Mr. Meyer and Mr. Wickes THAT'S THE LAW!! And you did take an oath to uphold the laws and Constitution, didn't you? Aren't you required to do so under the Code of Professional Responsibility or is that just another ministerial act and document that, in your opinion, means nothing?

The Hatch Act has some teeth and we'd like to see those teeth chomp into Mr. Wickes and the others who violate it, especially those seeking judicial office.

Judges at all levels-town, county, state and federal, should possess the utmost integrity---they can't be allowed to sit on their throne in their black dress and dictate to others when they are not only in violation of the law and don't have legal title to the office, but are actually engaging in criminal conduct by doing so and taking taxpayers money in a salary to which they are not legally entitled.

The whole issue is troubling and so are the attitudes of members of the county board of supervisors. In our view, none of them are deserving of public trust.

If our justice system is to be trusted and maintain a high degree of integrity, we can't have a society of black robed lawbreakers holding court or a bunch of renegade county attorneys thumbing their noses at the law, thinking that they're above the law. 6-18-06

© 2006 North Country Gazette