ULSTER COUNTY – For the past several months, police agencies in Ulster County have experienced issues with the Ulster County Public Defender’s Office, which is not providing attorneys at after-hours arraignments, and town judges who do not make themselves available for after-hours arraignments.
The Police Chiefs Association of Ulster County recently convened a meeting of the stakeholders where the police explained that officers are being pulled off of patrol after an arrest to remain with the person awaiting arraignment. Many times, those officers are kept from their duties for hours and the police chiefs say it is putting public safety at risk.
“Some of those arraignments have required the issuance of orders of protection to victims of domestic violence,” Rosendale Police Chief Scott Schaffrick told Mid-Hudson News. “Unfortunately, because of the lack of availability of assistant public defenders, officers, deputies, and troopers have been removed from patrol duty to remain with a person in custody.” Schaffrick, who serves as the president of the Police Chiefs Association of Ulster County, said the problem is putting the public at risk by keeping cops off the street. “In a few cases, the officers had to remain with the suspect for more than 10 hours while waiting for an arraignment, because the Ulster County Public Defender’s Office has failed to provide representation and the town judges will not proceed until counsel for the accused is present.” Attorneys are required to be present at arraignment under the law.
Chief Schaffrick and his association colleagues brought County Executive Jen Metzger, Public Defender Elizabeth Corrado, Court Administration, Magistrates Association, and other local and county leaders to a meeting in early March to explain the issues caused by the delayed arraignments. Corrado rebuffed the request for accessible public defenders.
For an after-hours arraignment, the Ulster County District Attorney’s Office provides an on-call assistant district attorney. When Corrado was asked why her office does not provide an on-call assistant public defender, Schaffrick recounted that Corrado said, “They do not have the manpower and that they had calculated it out, and figured that they would be making $3 an hour.” Schaffrick maintained that Corrado was not being truthful because the Ulster County Public Defender has assistant attorneys available for arraignments but only the towns of Saugerties and New Paltz have dedicated public defenders assigned to those courts for arraignments.
While the county is preparing to open the Central Arraignment Part (CAP) Court, to provide for arraignments in a streamlined manner, the court is not ready, according to the police chiefs. As a temporary solution, 18-B attorneys are authorized under the Ulster County Assigned Council program and can be assigned for arraignments. An 18-B attorney is a private attorney, who may be willing to come out to represent a person at an arraignment. The caveat to this is that Ulster County will now pay the 18-B attorney an additional $153 per hour for their services. This is an added expense to what is already provided to the Corrado’s office to provide representation.
The police chiefs are not satisfied with the flawed temporary fix and are calling on County Comptroller March Gallagher to audit the public defender’s office. “At this time, we have no choice but to call upon the Ulster County Comptroller’s Office to conduct a financial audit of the Ulster County Public Defender’s Office, to understand why they can not provide an on-call Public Defender, and why the residents of Ulster County are being subjected to additional expenditures for their failure to do so,” Schaffrick said. ” Additionally, we will be consulting with the State of New York on behalf of our residents, to compel representation, as now required so arraignments can be held. The Criminal Justice system in Ulster County cannot be held hostage nor can we in good faith allow it to continue to happen.”
Town of Lloyd Police James Janso has worked with his Rosendale counterpart to develop a temporary fix. Janso has found two local attorneys willing to come out after hours for arraignments, and he is thankful for their willingness while frustrated with the county. “Make no mistake,” Chief Janso said, adding “Ulster County is solely responsible for having a public defender available for an after-hours arraignment. The Ulster County Public Defender’s Office has failed on this issue and should be held accountable.”
Prior to the March meeting, Mid-Hudson News brought the issue to the attention of Ulster County Executive Jen Metzger and asked if there was a new directive that has made public defenders unavailable after hours compared to past practice and Metzger’s office said no new orders were in place to prevent arraignments after 5;00 p.m. “The public defender’s office, like many offices, is facing staffing shortages, especially in the area of Counsel at First appearance.” Metzger believes the new court will help alleviate the current problem, noting that the Ulster County Public Defender is working with the committee to get the new court up and running. “CAP Court will allow centralized arraignment at the Law Enforcement Center, reducing the need for Counsel at First Appearance.”
Ulster County Public Defender Elizabeth Corrado did not return a request for comment.
