State appeals court dismisses contempt charges against DA over tardy filings
A New York state appeals court has dismissed contempt of court charges against St. Lawrence County District Attorney Mary Rain after Rain apologized for her office’s repeated failure to file court papers on time.
Rain laid much of the blame on a former assistant, whom she said had led her to believe the court’s deadlines had been met, the New York Law Journal reports.
“He assured me he had filed those briefs,” Rain told a state appeals court panel at a hearing Tuesday on an order to show cause why she should not be held in contempt.
She also blamed staff turnover and her own lack of diligence for her office’s failings.
“I simply should have supervised these matters more closely,” she said.
The appeals court dismissed the charges following the hearing, citing Rain’s explanation and an eight-page written response (PDF)she had previously filed to the show cause order.
Rain told the panel she had fired the assistant once the paperwork had been brought up to date. She also said she has implemented a new procedure that will notify her and others of the filing deadlines in pending appeals.
“I am truly sorry that it had to come to this,” Rain said in a prepared statement she read to reporters following the hearing.
