A Brooklyn appellate panel explored last week the questions of whether an elected district attorney properly sought to recuse himself from an investigation of a political contest and whether an administrative judge was right to replace him with an unelected special prosecutor.
The Appellate Division, Second Department, in a case brought by the Working Families Party, focused on whether Staten Island District Attorney Daniel Donovan's secret recusal motion was necessary and appropriate, and on whether Deputy Chief Administrative Judge Fern Fisher (See Profile) had the power to appoint Roger Bennett Adler as a special district attorney.
