Suffolk County attorney defends work for Levy

Suffolk County Attorney Christine Malafi Wednesday defended representing County Executive Steve Levy on a motion to quash a witness subpoena in the criminal insurance fraud trial of former Legis. George Guldi as a "routine matter" which she has done for many other officials.

Holding a 2-inch-thick pile of legal papers, Malafi, appearing at the legislature's Ways and Means Committee, said "the fuss this has raised because I did my job is astounding." She also expressed disappointment that lawmakers criticized her in the news without contacting her, causing neighbors to question whether she "did something wrong, when I did not."

Levy's use of the county attorney's office for quashing the subpoena stirred criticism as well as a proposed legislative resolution sponsored by Legis. Jon Cooper (D-Lloyd Harbor) to bar the county executive from using the taxpayer funded county attorney. They maintained that the county attorney can only represent officials in civil matters that deal with official duties.

Malafi said the county charter put her in charge of "all legal business for the county" and that the subpoena was served on Levy at a county event, and was addressed to him as county executive. She said that her office has handled motions to quash subpoenas to appear in court from those making "outlandish and frivolous claims" for police, health workers and social service employees. Asked if she would continue to represent Levy if quashing the motion fails, she said she has not thought about it and Levy has not asked her.

However, Legislative Counsel George Nolan said Malafi's interpretation goes beyond what the county charter allows. He said if she wants the authority to extend to criminal matters the charter should be changed to allow it, a position Malafi disputed.

Cooper did not attend the hearing, but said he will continue with his proposal since Malafi has not closed the door to representing Levy further, which he said would be inappropriate.