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Opportunity knocked and Colby answered

Thu, Sep 22nd 2011 12:00 am

By MATT CHANDLER
mchandler@bizjournals.com | 716-541-1654

Jeremy Colby reached what is the summit for most lawyers, having been named partner at his law firm. Then, opportunity knocked.

The litigator at Webster Szanyi got a chance to apply for Erie County attorney, a post that was vacant following the resignation of Cheryl Green. The idea of walking away from a firm where he was a partner and quite comfortable with his own practice to pursue a position in public-sector law might seem crazy to some.

Adding fuel to the decision was the fact that Green had been battered in the press and challenged at nearly every turn during her tenure. Oh, and there was the issue of an unresolved federal lawsuit the county was embroiled in regarding conditions at the Holding Center and the correctional facility in Alden. Add it all up and who could blame Colby if he chose to stay pat? Himself, apparently.

"My wife (Kimberly) told me I had to go for it because if I didn't, I would always wonder 'What if?' " he said.

And so it was that he threw his hat into the ring and, in March, took over as the newest Erie County attorney. At 37, the fresh-faced Colby brings an air of optimism to an office that has had its share of challenges in recent years. Undaunted by the prospect of managing an office with 14 other attorneys, as well as working under one of the highest-profile bosses around in County Executive Chris Collins, Colby spent his first six months on the job learning the ropes and immersing himself in the politics of the county. In between all of that, he was involved in the settlement that ended the federal lawsuit. On Monday, he sat down in his corner office downtown to discuss life as the lead attorney in the county where he was born and raised. Following is an edited version of that conversation.

You spent several years clerking for the legendary Judge Elfvin in Buffalo. Talk about what that experience was like?

JC: He was a great guy with a wonderful sense of humor. One funny story he used to tell (is) he was appointed to state Supreme Court in 1969 and when he was up for re-election, he lost. He often joked that he was returned to private practice by popular demand. It wasn't that the people didn't want him to be a judge; it was that they really wanted him to be a practicing lawyer. He didn't take himself too seriously. He had that great sense of humor but he was also a brilliant guy, and he didn't care too much what other people thought about him. He was a controversial person, but he was also a great judge and a great person to work for.

Regarding your current position, did people think you were crazy for leaving the private sector as a partner in a firm to go public?

JC: When I came over, it was a common question for the first few months: "Why did you do it?" Initially, when I saw the listing for the position, I wasn't going to apply. But they were looking for someone with federal court experience because of the DOJ lawsuit and somebody with a background in municipal law, which I had. So I am glad I made the decision. It was obviously a bit of a risk for me, but so far, so good.

One aspect that differs from private practice is the fact that you are in the public eye. Your predecessor, Cheryl Green, faced enormous criticism in the press. Were you concerned about public scrutiny?

JC: Nobody wants to be the public punching bag, so that aspect certainly weighed into my decision. I think some of the press that Cheryl got might not have been fair, but I think it is what it is and it maybe just comes with the position. She was also a bit in your face, a very strong personality. I have a different approach to things, so I guess it remains to be seen if I become that public punching bag or not.

Did you look at some of her experiences and try to learn from them or did you come in ready to lead with your own style?

JC: No, frankly I didn't take into account what she did or how she approached the job. I look at it like this: I am who I am, I'm going to do the best job that I can and let the chips fall where they may. That's really all you can do. I've been working hard to protect the taxpayers and keep costs down, and I think we have been doing a pretty decent job.

The federal lawsuit brought by the Department of Justice against the county was recently settled. Though you weren't involved from the beginning, what does it mean now to have this behind you and to have been part of the resolution.

JC: It was certainly a nice thing to get buttoned up so soon after I started. My first day on the job was the second day of a three-day mediation with the DOJ, and I remember thinking at the time there is no way this case is going to settle amicably. But we did a number of things to move forward aggressively from our side, and I think the mediation planted the seeds that ultimately led to the resolution.

People will wonder, with you working for Chris Collins, is he sitting close by, calling the shots? Or do you primarily make your own decisions?

JC: I would say 99 percent of the cases we handle and the decisions we make, the county executive is not involved in. He has plenty of his own work to do without him trying to be a puppet master or do my job in addition to his own. Having said that, obviously the county executive - as the head of the executive branch - is someone we have to look to for certain policy guidance. But by and large, most decisions - when it comes to the legal issues - are not something he gets involved in.

Six months into the job, what do you see as challenges in adjusting from private- to public-sector law?

JC: I think it can be tough when you have a Legislature and a county executive that are having a dispute. That is something I've discussed with other county attorneys as part of a group I belong to, and most often I hear that they don't have those kinds of issues and discourse in their counties. But how to deal with the less-than-homogenous relationships and the infighting can be challenging. I also think being in the public eye can be tough at times.

Having my relatives and neighbors know about the cases I am involved in and having my salary made public was an adjustment. But by and large - and people may dispute this - people in my office could make more in the private sector. We've got a very dedicated group of professionals in this office, and it is one of the things that has made my transition much easier. They work hard and I don't like the stereotype of the lazy county worker, especially when it is applied to people in the county attorney's office who work very hard at their jobs.

Is it difficult to recruit people into this office, given the gap between private- and public-sector salaries?

JC: Coming from the private sector and knowing what I know about salaries, then having to fill two attorney vacancies, I thought to myself, how am I ever going to recruit somebody at this salary? It may be some testament to the economic situation out there, but I was shocked with how many people with 30 years of experience, or who had their own firm, were interested in coming to the county attorney's office.

In this job, money isn't going to be the driving force, but we have a great group of attorneys here, including some who have been here for a long time. There is, of course, the public pension, which can be a strong selling point. But more than that, this is a great place to work where people can be involved and make a difference. We can work to make the county a better place for everyone to live.