§ 700 — District attorney; powers and duties

New York § 700

• Jurisdiction: New York
• Law CNT: County
• Art. 18: District Attorney

Text

§ 700. District attorney; powers and duties. 1. Except as provided in\nsection seven hundred one of this chapter, it shall be the duty of every\ndistrict attorney to conduct all prosecutions for crimes and offenses\ncognizable by the courts of the county for which he or she shall have\nbeen elected or appointed; except when the place of trial of an\nindictment is changed from one county to another, it shall be the duty\nof the district attorney of the county where the indictment is found to\nconduct the trial of the indictment so removed, and it shall be the duty\nof the district attorney of the county to which such trial is changed to\nassist in such trial upon the request of the district attorney of the\ncounty where the indictment was found. He or she shall perform such\nadditional and related duties as may be prescribed by law and directed\nby the board of supervisors.\n 2. Within thirty days after the receipt of any fine, penalty, recovery\nupon any recognizance, monies and proceeds from the sale of property\nrealized as a consequence of any forfeiture, or other money belonging to\nthe county, the district attorney or the claiming authority shall pay\nthe same to the county treasurer. Not later than the first day of\nFebruary in each year, the district attorney shall make in duplicate a\nverified true statement of all such moneys received and paid to the\ncounty treasurer during the preceding calendar year and at that time\nshall pay to the county treasurer any balance due. One statement shall\nbe furnished to the county treasurer, one to the clerk of the board of\nsupervisors and one to the state comptroller. A district attorney who is\nnot re-elected shall make and file the verified statement and pay any\nbalance of such moneys to the county treasurer within thirty days after\nthe expiration of his term.\n 3. It shall be the duty of the district attorney to bring actions upon\nany forfeited recognizance taken in his county in any criminal action or\nproceeding unless otherwise directed by the court.\n 4. At the opening of the first term of county court held in each year\nhe shall present to the court a verified statement of all actions\nbrought by him upon forfeited recognizance, penalties or forfeitures,\nthe judgments entered thereon and those collected. The statement shall\nindicate the amounts due the county and the amounts due the state. This\nprovision shall apply to a former district attorney whose term has\nexpired and was not re-elected.\n 5. The board of supervisors may create the position of confidential\nsecretary to the district attorney who shall serve at his pleasure and\nshall be in the exempt class of the civil service.\n 6. The district attorney must maintain a written record of all\nindictments pending in the courts of the county in which he shall have\nbeen elected or appointed. Such record shall contain the name of each\nperson indicted, the crime charged, the date on which the indictment was\nreturned, the disposition of the indictment and such other information\nas the court may direct. At the expiration of his term, the district\nattorney must deliver this record to his successor in office.\n 7. The district attorney shall keep and preserve all records now or\nhereafter in his care or custody or under his control and all records,\nbooks and papers relating to the functioning of his office or the\nperformance of his duties. No such record, book or paper shall be\ndestroyed or otherwise disposed of, except pursuant to law. At the\nexpiration of his term, the district attorney shall, within sixty days,\nturn over all such records, books or papers to his successor in office.\n 8. The district attorney of a county having a population of more than\none hundred thousand according to the last federal census and the\ndistrict attorney of Essex county and any county having a population of\nmore than forty thousand but less than one hundred thousand according to\nthe last federal census, the board of supervisors of which has\ndesignated such office as a full-time position, shall give his whole\ntime to his duties and shall not engage in the practice of law, act as\nan arbitrator, referee or compensated mediator in any action or\nproceeding or matter or engage in the conduct of any other profession or\nbusiness which interferes with the performance of his duties as district\nattorney.\n 10. There is hereby established a program of state aid to all counties\nhaving a population of more than one hundred thousand according to the\nlast federal census, to any county, the board of supervisors of which\nhas designated the office of district attorney as a full-time position\npursuant to subdivision eight of this section and to the city of New\nYork for the salaries of district attorneys of such counties and the\ncounties within such city at the rate of ten thousand dollars per annum.\nNo such state aid shall be paid with respect to any district attorney\nwho has not complied with subdivision eight of this section.\n 11. (a) In addition to the state aid provided in subdivision ten\nhereof, each county, the salary of the district attorney of which is\ndetermined pursuant to section one hundred eighty-three-a of the\njudiciary law, shall be entitled to receive state aid in an amount equal\nto the difference between: (i) the salary required to be paid to the\ndistrict attorney of such county pursuant to such section one hundred\neighty-three-a on October first, nineteen hundred ninety-four, not\nincluding any additional compensation which may have been provided by\nlocal law pursuant to such section one hundred eighty-three-a, and (ii)\nthe salary required to be paid to such district attorney pursuant to\nsuch section one hundred eighty-three-a immediately prior to October\nfirst, nineteen hundred eighty-seven, or the salary actually paid\nimmediately prior to such date, if higher, less the amount of any\nadditional compensation which may have been provided thereafter by any\nsuch local law prior to April first, nineteen hundred ninety-six.\nProvided, however, where the salary of the district attorney of a county\nfirst becomes determined pursuant to section one hundred eighty-three-a\nof the judiciary law on or after April first, nineteen hundred\nninety-six, the state aid payable to such county pursuant to this\nparagraph shall equal thirty-one thousand dollars.\n (b) In addition to the state aid provided in paragraph (a) of this\nsubdivision, each county, the salary of the district attorney of which\nis determined pursuant to section one hundred eighty-three-a of the\njudiciary law, shall be entitled to receive state aid in the amount of\nforty-one percent of the difference between the amount required to be\npaid to such district attorney pursuant to section one hundred\neighty-three-a of the judiciary law on and after January first, nineteen\nhundred ninety-nine and the amount required to be paid pursuant to such\nsection immediately prior to such date, except that in the county of\nDutchess the amount shall be forty-two percent of such difference in the\ncounty of Putnam the amount shall be forty percent of such difference in\nthe county of Monroe the amount shall be thirty-nine percent of such\ndifference and in the counties of Erie, Nassau, Suffolk and Westchester\nthe amount shall be thirty-six percent of such difference.\n (c) Commencing with the nineteen hundred eighty-seven calendar year,\nthe comptroller shall annually determine the amount of state aid payable\nto each county pursuant to paragraphs (a) and (b) hereof for each\ncalendar year and shall pay such amount on his audit and warrant to the\nchief fiscal officer of each such county during the month of September\nin each such year. Where a county first becomes entitled to state aid\npursuant to paragraphs (a) and (b) hereof on a day other than January\nfirst, nineteen hundred ninety-nine or January first of any other year\nthereafter, the amount of state aid payable to such county in the year\nit first becomes entitled to such state aid shall be prorated\naccordingly.\n 13. In order to provide services to crime victims, witnesses, and\nother persons involved in the criminal justice system, and to support\ncrime prevention programs, the district attorney may employ or contract\nwith persons licensed and registered to practice or otherwise authorized\nunder article one hundred fifty-three, one hundred fifty-four, or one\nhundred sixty-three of the education law, or contract with entities\nauthorized to provide the services specified in such articles, in\nconnection with the provision of any services that such persons or\nentities are authorized to provide and that are authorized by the\ndistrict attorney.\n