MONTICELLO, NY — Some legislators are objecting to Robert Freehill’s appointment to county attorney because he was never interviewed for the job.

Matt McPhillips, who represents District 1, told the River Reporter that his no vote was based on “purely procedural” considerations and does not reflect his “confidence in him as a person or attorney.” He said he wanted to appoint one of the candidates the legislators had actually interviewed.

Legislators know Freehill from his three years of service in the county attorney’s office. In January he was appointed temporary county attorney to replace Michael McGuire after a grand jury report blasted McGuire over the fentanyl death of a child. 

It was McGuire who brought Freehill to the county attorney’s office, after Freehill had retired after a long career practicing law. He served as town justice in Wallkill for more than 20 years, then as an Orange County Court judge from 2007 to 2016.

Freehill’s appointment to county attorney on February 15, with a vote of 6-3, split the legislature’s Democratic majority. Catt Scott (District 5) and Brian McPhillips (District 3) also voted against the appointment.

A change of heart, and house

Freehill told the River Reporter in early January that he was not interviewing for the position because his residence in Orange County rendered him ineligible. When asked if he had any plans to move to Sullivan County, he said no.

Dan Hust, Sullivan County’s communications director, confirmed that the county attorney is required to live in the county, and that Freehill is planning to move here within 90 days of the appointment. 

The legislature had posted the position and announced they were interviewing multiple applicants.

Freehill also told the River Reporter back in early January that he had not been asked to participate in the interviews, which were scheduled to conclude that month.

The River Reporter requested comment from Freehill about his change of heart, but he said he was busy and unable to talk until the end of this week.

Matt McPhillips said after Freehill expressed his interest in the position, it was clear he had the votes, even without an interview.

The county attorney’s office has been under pressure since January 4, when county Judge James Farrell made public a scathing 100-page grand jury report that found the county attorney’s office under McGuire failed the Department of Social Services (DSS) and Child Protective Services (CPS), and the vulnerable people they serve, in numerous ways. It says the county attorney’s office “should be divested of all responsibility” for representing Child Protective Services, and that the Department of Social Services’s legal department, which McGuire had disbanded, be reinstated as it previously existed.

In January, the legislature agreed to create a committee to focus on the grand jury’s recommendations.

Scott told the River Reporter that legal representation for the Department of Child Services would be the agency’s first priority.