Former District Attorney Mary Rain denied reinstatement to practice law

BY JIMMY LAWTONNorth Country This Week

CANTON — Former St. Lawrence County District Attorney Mary Rain has been denied reinstatement to practice law in New York, with the State Supreme Court Appellate Division Third Judicial Department ruling she failed to demonstrate the character required to return to the profession.

A history of her tenure as the county’s chief prosecutor can be found here.

In a decision issued April 30, the court ruled Rain did not meet the burden of proving that her reinstatement would be in the public interest or that it would not pose a risk to the public or the legal system.

Rain served as district attorney from 2013 to 2017 and her tenure was marked by controversy. 

During her time in office, Rain faced multiple grievances, staff turnover and criticism from county officials. 

In 2016, the St. Lawrence County Board of Legislators passed a no-confidence resolution and called for an investigation into her conduct. 

Several assistant district attorneys resigned, and complaints were filed alleging misconduct in the office. Rain announced in 2017 that she would not seek reelection. 

Not long after, she was suspended from practicing law following findings that she violated multiple Rules of Professional Conduct during her time in office. 

The violations stemmed, at least in part, from her handling of several matters, including the prosecution of Oral “Nick” Hillary, her use of grand jury subpoenas and her allowing an unqualified intern to prosecute a felony case.

In the April 30 ruling, the court said Rain’s application did not sufficiently address the conduct that led to her 2017 suspension.

“Respondent has not demonstrated that, in the intervening years since her suspension, she has meaningfully addressed the factors that led to her suspension,” the court wrote.

Judges also cited a lack of detail in her application about how she would proceed if reinstated, noting she failed to provide assurances that her return to practice would not be detrimental to the public.

The  new ruling follows earlier disciplinary findings from 2017 that described a pattern of misconduct. In those findings, the court determined Rain engaged in conduct “prejudicial to the administration of justice” and failed to “meet her obligations as a prosecutor,” including not disclosing required evidence during a homicide trial.

In 2017 the court also previously rejected Rain’s argument that her actions were the result of negligence, instead finding she acted with intent or knowledge of the consequences of her conduct. 

At the time, the court noted her experience as a seasoned prosecutor and pointed to a pattern of disregard for defendants’ rights, along with a lack of candor during the investigation into her actions. Her disciplinary history, which included prior admonitions and a letter of caution, was also cited as an aggravating factor.

With Thursday’s ruling, the court denied her motion for reinstatement, leaving her suspension in place.

Rain’s tenure was reported heavily by North Country This Week, which can be found here.

A brief summary of that work follows:

• 2013: Mary Rain was elected district attorney after defeating Nicole Duvé, running a campaign centered on bringing murder charges against Oral 'Nick' Hillary in the Garrett Phillips case. Her candidacy drew scrutiny over prior job turnover, a civil lawsuit and more than 20 alleged ethical violations raised during her time in Oswego County, but she won by roughly 1,000 votes.
• 2014: After taking office in January, Rain moved quickly to indict Hillary in May, fulfilling a central campaign promise. That case faltered in October when Jerome Richards dismissed the indictment over prejudicial grand jury questioning. Rain also launched an aggressive and wide-ranging investigation into county government, issuing sweeping subpoenas that disrupted operations but resulted in no charges. She later secured a second indictment against Hillary, keeping the high-profile case alive.
• 2015: Internal instability began to define the office. Rain fired an assistant district attorney who later accused her of misconduct, while several prosecutors resigned, including Chief Assistant DA David Haggard, who alleged improper use of the grand jury. Rain’s decision to stop sending prosecutors to local courts during a staffing dispute drew sharp criticism from county leaders. Meanwhile, the Hillary case moved forward, continuing to attract national attention.
• 2016: The controversy intensified on multiple fronts. Judge Richards recused himself from all of Rain’s cases after filing a complaint, and allegations emerged that a law student had been allowed to prosecute a felony case. County legislators passed a “no confidence” resolution and called for a state investigation into her conduct. State Sen. John DeFrancisco cited the situation in pushing for oversight of district attorneys. The Hillary case culminated in a bench trial before Felix Catena, ending in acquittal. Additional resignations and public accusations from within the office further eroded confidence in her leadership.
• 2017: Legal and political fallout continued. Hillary and others filed notices of claim against the county and Rain, alleging misconduct tied to the prosecution. Amid mounting criticism, ongoing grievances and pressure from county officials, Rain announced she would not seek re-election, closing out a single term marked by sustained controversy.  Not long after disciplinary proceedings tied to her conduct in office resulted in her suspension from practicing law.