Buffalo, N.Y. (WBEN) - The Republican Caucus of the Erie County Legislature on Monday announced a call for an investigation into potential misconduct of the county's Chief Defender of the Assigned Counsel Program after uncovering emails that suggest attorneys of the program donate to the county's Democratic Party to advocate against a proposal made by the county executive.
Republican county legislators drafted a letter to the Chairman of the New York State Indigent Legal Services (ILS) Board of Directors to report alleged misconduct of Assigned Counsel Program leader Micheller Parker, who in May sent an email that they believe encourages attorneys of the counsel program to "involve themselves in political advocacy and to donate their personal funds and attend an event in support of the Erie County Democratic Committee Chairman Jeremy Zellner."
"She's coercing participating attorneys, whose work assignments she controls, to report those contributions directly to her, instead of encouraging meaningful engagement for public hearings," said Legislator Lindsay Lorigo.
"The chief defender has insisted on that expressing concern about the proposed county executive's plan should involve making substantial political donation rather than engaging in a public hearing in the democratic process at the county legislature. Her suggestion that counsel participants should be politically involved and attend these high dollar events, based on their association with the program further undermines what should be a nonpartisan stance from the program. These actions are a direct and clear violation of the rules and guidelines set by the ILS board."
In the email, Parker explains Erie County Executive Mark Poloncarz in his State of the County address proposed that the county change the model of their assigned counsel program from an Independent Public Defense to an in-house County Public Defender model.
With similar proposals happening in other counties, Parker believes it's in the best interest of the attorneys in the program to "work the levers of the political system" and be "seen and heard" by attending a costly, $2,000 luncheon for the Erie County Democratic Party.
"We've heard from attorneys that are concerned that they will not get cases directed to them if they do not participate, or as she requested, make her aware that they are giving these donations to the Democratic Party Chairman," said Legislator Lorigo.
"...that they will not receive assigned counsel representation cases. Unfortunately, the people who benefit from this program, this counsel, they have a constitutional right to have defense. They don't care whether the people representing them are a Democrat or Republican or who they support politically, they care that they're getting quality representation. And unfortunately, this is putting politics before quality representation. This is quite literally pay to play when the person who is dictating who gets the cases is requesting this type of dollar donation be reported to her."
The Republican legislators say that Michelle Parker's email also suggest that the next step in the independent attorneys being seen, heard and "in the room" is to potentially establish a Political Action Committee, a strategy she were to potentially discuss interest in with the attorneys during this Friday luncheon they were to donate to.
Michelle Parker described what she wrote in her May email for WBEN: