Jared Kasschau challenged himself for suing his own client

Nassau County Attorney Jared Kasschau, who challenged the county legislature in court Monday, has been challenged himself for suing his own client.

Garden City attorney Ronald J. Rosenberg, hired by Republican county lawmakers, called for Kasschau to withdraw from the lawsuit he brought against the legislature on behalf of Democratic County Executive Laura Curran.

Kasschau went to court Monday , contending the legislature had illegally revised Curran’s 2019 budget — the first she has proposed since taking office — without first advertising the changes.

The legislature’s 11 Republicans and eight Democrats voted unanimously last week to declare an emergency and approve budget amendments that would finance the reopening of two closed police precincts, restore bus routes and support offices that serve the county’s minority communities. The legislature has revised and approved county budgets by emergency in the past.

Citing state law, Rosenberg said Kasschau was required to represent the county legislature — not the county executive — when their interests conflict.

“As you have already acted as the attorney for the county executive . . . without the county legislature’s consent, we respectively submit that you now also have an irreconcilable conflict, . . . requiring you to immediately withdraw” from the lawsuit, Rosenberg wrote to Kasschau last week.

Kasschau refused, citing sections of the county charter and the county administrative code.

In a letter to Rosenberg, Kasschau acknowledged the county charter requires the county attorney to represent “the county and all departments, officers, institutions and agencies thereof, in all litigation and proceedings.”

But he said the county administrative code authorizes the county attorney to bring legal action at the direction of the county executive.

The code also says that when the county attorney determines that he cannot represent a county officer or employee, they are entitled to their choice of private counsel. Kasschau noted that he had authorized the legislature to hire its own counsel.

“Finally, the policy of protecting the County fisc (sic) is furthered by my representing the County Executive in this case. When practicable, the case law of this State makes clear that municipal officials should be represented by the municipal attorney ‘as a safeguard against the extravagance or corruption of municipal officials,’”, Kasschau wrote.

“Accordingly not only do I believe that there is no conflict of interest in my representing the county executive; I believe I have an ethical responsibility to do so . . . ” he said.

Kasschau was a partner in the Harris Beach law firm before Curran appointed him county attorney in January. He was confirmed subsequently by the county legislature.

State Supreme Court Justice Bruce Cozzens on Monday denied Kasschau’s request for a temporary restraining order and adjourned the case until after Curran is required to either accept or veto the budget this week. Cozzens did not address Kasschau’s representation in the case.

A Curran spokesman said the county executive will veto the revised budget.