By PETE KLEIN

Express News Staff

INDIAN LAKE - Many people who retire soon find themselves seeking part-time work. Former District Attorney James Curry is no exception.

Curry, who retired as the county’s DA at the end of December, asked the Hamilton County Board of Ethics Thursday, Jan. 26, if he would be violating the county’s Code of Ethics if he signs up to be a public defender.

“I am interested in adding my name to the list of public defenders and would like a ruling from you if I can do that,” he said.

The code prohibits former employees from contracting with the county for at least one year after employment is terminated.

However, there is an exception for ministerial acts. A ministerial act is one allowing no personal discretion, only the strict following of the law.

Curry argued the courts are separate from county government. “The state determines the rate of pay and the position is partially funded by the state,” he said.

County Board of Super-visors Chairman William Farber said, “The county has never denied anyone being on the public defender list but has been challenged to find someone to serve.”

He added, “It’s the courts and judges who decide what attorney to call.”

Eventually Board Chair-man Munro Collie Smith said the work of a public defender is “enough removed from county government to not count as working for the county.” The other board members agreed.

The current rate of pay for public defenders is $75 per hour.

OTHER BUSINESS

• The board agreed to act as the Town of Long Lake’s board of ethics. Several other towns have previously made this request and been accepted.

• Jack Fitterer, Indian Lake, told the board he is interested in filling the vacancy created by Ivan Virgil’s death.

The Board of Supervisors appointed former Indian Lake Supervisor Barry Hutchins to the seat in early January, but he has neither accepted nor declined the appointment in writing.