A state Supreme Court justice has ruled in Warren County's favor in a lawsuit that questioned the county district attorney's office's handling of a driving while intoxicated case.
Glens Falls lawyer Tucker Stanclift last month filed a lawsuit against the Warren County District Attorney's Office accusing the prosecutor's office of improperly intervening in an Oct. 12 license suspension hearing in a driving while intoxicated case.
License suspension hearings are civil proceedings, and Stanclift objected to the district attorney's office's questioning of a witness Stanclift had called to contradict a police officer's testimony. Stanclift had sought to overturn the license suspension and establish that prosecutors could not take part in license suspension hearings.
Glens Falls Judge Richard Tarantino suspended Stanclift's client's license, and Stanclift sued Tarantino and District Attorney Kate Hogan, claiming that Assistant District Attorney Matthew Burin should not have been allowed to cross-examine the witness.
Justice Robert Muller sided with the district attorney's office and judge, calling Burin's actions "completely appropriate," and finding that the "fundamental fairness of procedural due process would be undermined" if the district attorney's office was not allowed to cross-examine a witness.
The judge also found the law does not specifically allow prosecutors to take part in the hearing, but it does not bar them, either.
Hogan said her office agreed with the judge's findings.
"Judge Muller hit the nail on the head when he said that fundamental fairness requires that the people be provided the same due process rights as a defendant, and denying our ability to cross-examine a witness violates our due process rights," she said.
Stanclift said Muller's decision will be appealed.
He said allowing the prosecution to take part in license suspension hearings raises questions about whether such proceedings are civil in nature.
"I disagree with the finding that a prosecutor can participate in a civil proceeding, as was done in this case," Stanclift said.
He said the district attorney's office's involvement will likely lead to claims that a person is subject to "double jeopardy" when prosecuted in criminal court for DWI after his or her license is suspended during a civil proceeding after an arrest.