In debate, judge candidates spar over court policy, experience

ELIZABETHTOWN — Essex County Judge Richard Meyer, seeking to rattle his challenger, Brian Barrett, questioned his experience at a debate last week in Elizabethtown. "Are you claiming you have more trial experience than me?" Meyer asked Barrett, citing a news report in which Barrett said the best candidate for the job should be based on trial experience. "In the 10 years I've been on the bench, I've had many, many trials — too many to court," said Meyer, citing his decade spent on the job presiding over criminal, family and surrogate's courts. Before that, Meyer worked in private practice and as the county attorney. The judge said Barrett, a Lake Placid-based defense attorney, only had two jury trials in his courtroom, nor has he appeared in his family or surrogate's courts. Barrett disputed this, arguing that he has appeared in both. The candidate also noted he has had a number of trials brought to verdict in both state and federal court in his 11 years as an attorney. This experience is significantly different than Meyer's specialty in civil litigation, he said. "What we're dealing with here are human service cases," said Barrett. The debate in Elizabethtown marked the first time the candidates met on stage since declaring their candidacies in January. It's been a campaign marked with stark differences with how the two view the role of the courts and how to preside over a remote and rural region. Despite ethical guidelines limiting what the candidates could discuss — specific critiques of each candidate's record in the courtroom were largely avoided — there was no shortage of thrusts and jabs, including on Essex County's policy of assigning outside lawyers to family court cases instead of public defenders, who are tasked with handling only criminal cases. Many of these lawyers are located outside of the county, noted Barrett. "This is literally pumping money out of our county which would otherwise be spent here," said the candidate in his opening statement. Meyer said with over 700 cases per year in family court, making up some 70 percent of the court's caseload, there simply aren't enough lawyers in Essex County to meet the demand. Only 13 have applied and asked to be assigned these cases, said Meyer. "My opponent, unfortunately, is not one of them." The assigned counsel program, which is mandated by the state, operates based on an agreement between the Essex County Board of Supervisors and the Essex County Bar Association, said Meyer. Attorneys are paid $75 per hour plus expenses, a rate that is set by the state. "I wish there were more Essex County attorneys who would take cases — but that's not the reality," said Meyer. There is no information to suggest that assigning counsel outside of the county costs more than inside, the judge said. "There's no evidence to suggest that at all." Barrett said he has worked in counties across the state. The public defender's office in both Franklin and St. Lawrence counties handle family court cases, said Barrett. "I don't know what rule Judge Meyer was citing, but at least I'm seeing that happen in other counties," he said. "Do I think it could happen here? Yes, I think it would be a great savings to the taxpayers of Essex County." The two also sparred over specialty courts. Barrett said while drug and veterans treatment courts have their bright spots, he questioned if the benefits justified taxpayer cost if very few people completed those programs. Meyer countered that even once success story results in money well spent. "It's not the number of people in it, it's what we do for our veterans," said Meyer. Meyer and Barrett disagreed on how active the court should be in shaping policy. Meyer said judges have almost no role in doing so — policies are set by the Office of Court Administration — while Barrett said, if elected, he would like the court to be a stronger voice for advocacy. The candidates also sounded off on transparency. "I would like to be a judge that is approachable," said Barrett, "one who will listen to ideas on both ideas of issues." If elected, Barrett said his courtroom would be media friendly. Meyer said while his courtroom is always open to the public, it is not the job of judge to be a public relations person. And in a rare agreement, both questioned the misconception that family court favors the mother. "The best interests of the children lie in having them nurtured and guided by both parents and there is no preference, in custody cases, for one parent over the other," Meyer said, calling the question from an audience member one based on false premises. When parents first come in, the court tries to establish a schedule. But there are many factors in trying to work out a 50-50 split, including residence, travel times and work schedules. Barrett agreed there is no blanket policy: "Whatever's in the best interest of the kids," he said. Barrett said his parents divorced when he was 18 months old. "I kind of consider myself a product of family court a little bit and I bring the child's perspective to the court," he said. In his opening comments, Meyer recounted a humble background. His grandfather emigrated from Poland to Manhattan's Lower East Side as a teenager, where he sold items from a cart and worked in sweatshops. Eventually, he found his way to Lake Placid. When Meyer's father returned from World War II, he moved to Port Henry and opened a chain of pharmacies. Meyer, who attended Saranac Lake High, worked his way through college performing a series of menial jobs, including washing dishes at the student dining hall. After law school, he married and put down roots in the community. "Despite my size, I also coached JV basketball," he quipped. If re-elected, Meyer said he would continue to be impartial and fair to all of those who enter his courtroom. Barrett instead focused on his vision for the county, delivering a modified version of his stump speech, including a pledge: "I have no desire to run for supreme court or to seek any higher judicial office than I am running for now," said Barrett, indirectly referring to Meyer's stint as Acting Supreme Court Judge. To illustrate what he said was broad appeal, the candidate cited a series of endorsements: Former New York State Police Troop B Commander Maj. Peter Person, the New York State Rifle and Pistol Association and United Steelworkers Local 5 and 497 are all backing his candidacy. If elected, Barrett said he would be non-partisan. "There's only the right, fair and objective way," said Barrett. Barrett asked Meyer what advice he had for him should he emerge victorious at the polls on Nov. 3. "Come to the job with passion, committed to hard work and long hours," said Meyer. Meyer is running on the Republican and Reform Lines; Barrett, on the Democratic line. The two are engaged in litigation over the Conservative line on the ballot. At present, the vote is tied 46-46.

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In debate, judge candidates spar over court policy, experience

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