§ 825 — District attorneys in certain counties

New York § 825

• Jurisdiction: New York
• Law CNT: County
• Art. 23: Provisions Applicable to Certain Counties

Text

§ 825. District attorneys in certain counties. The district attorneys\nof Erie, Monroe and Onondaga counties may each appoint in and for his\ncounty, in the manner provided in section seven hundred two of this\nchapter and with like powers, such number of assistants as shall be\nfixed and determined by resolution of the board of supervisors. All of\nthe persons so appointed shall be called assistant district attorneys.\nEach of said assistant district attorneys shall receive such salary as\nshall be fixed and determined by said board of supervisors. The district\nattorney shall designate in the order appointing such assistants the\nsalary which each of such assistants shall receive, subject, however, to\nthe limitations prescribed by such resolution of the board of\nsupervisors. Said assistants shall severally take the constitutional\noath of office before entering upon the duties thereof; and the district\nattorney shall be responsible for their acts. Said district attorney may\ndesignate, in writing, to be filed in the office of the clerk of said\ncounty, one of his said assistants to be the acting district attorney in\nthe absence from said county or other inability of said district\nattorney; and the assistant so designated shall, during such absence or\ninability of said district attorney, perform the duties of the office.\nSuch designation may be revoked by said district attorney in writing, to\nbe filed and recorded in the office of the county clerk. The district\nattorney of Monroe county and his assistants shall conduct, on the part\nof the people, all preliminary examinations in the police court of the\ncity of Rochester, and subject to the right of a complainant to appear\npersonally or by attorney, all other prosecutions for crime therein; and\nmay conduct prosecution therein for violations of the penal ordinances\nof said city, and appeals therefrom and in such event one-half of the\nsalary of such first assistant shall be a charge upon the city of\nRochester and assessed back upon said city by the board of supervisors\nof Monroe county except that the Monroe county Board of Supervisors may\nby resolution make such charge a general county charge to be borne by\nthe entire county of Monroe; but the corporation counsel of said city\nshall have the power to prosecute any person for the violation of an\nordinance and to conduct proceedings therefor, or an appeal therefrom.\nThe district attorneys of the counties of Erie and Onondaga may also\nappoint a person to act as interpreter at all sessions of the grand\njuries of such counties and of the city of Buffalo, whose compensation\nshall be fixed by the court in and for which such grand jury may be\nimpaneled. The district attorney of the county of Monroe, whenever he is\nauthorized so to do by the board of supervisors of such county, may\nappoint necessary interpreters who shall act as interpreters at all\nsessions of the grand jury in such county and for all county departments\nexcept the courts. The district attorneys of the counties of Erie and\nMonroe shall each be entitled to receive, in addition to their salary,\nall costs collected by them in actions and proceedings prosecuted and\ndefended by them. The county judge, or the special county judge, of the\ncounty of Monroe, or any supreme court justice, shall have power, on the\napplication of the district attorney of Monroe county, to order and\ndirect the county treasurer of Monroe county to pay to the district\nattorney any sum of money expended or incurred by him in the performance\nof his duties in his office, and the county judge of the county of\nRensselaer, or any supreme court justice, shall have power, on the\napplication of the district attorney of Rensselaer county, to order and\ndirect the county treasurer of Rensselaer county to pay to the district\nattorney any sum of money expended or incurred by him in the performance\nof his duties in his office, and the county judge of the county of\nAlbany, or any supreme court justice, shall have power, on the\napplication of the district attorney of Albany county, to order and\ndirect the county treasurer of Albany county to pay to the district\nattorney of such county any sum of money expended or incurred by him in\nthe performance of his duties in his office, and the county judge of\nColumbia county, or any justice of the supreme court, shall have power,\non the application of the district attorney of Columbia county, to order\nand direct the county treasurer of Columbia county to pay to the\ndistrict attorney of such county any sum of money expended or incurred\nby him in the performance of his duties in office. The district\nattorney of Niagara county shall have charge of and conduct on the part\nof the people all preliminary examinations in the police courts of the\ncities of Lockport, North Tonawanda and Niagara Falls, either in person\nor by his assistant and the several justices of the peace of said\ncounty. In lieu of the necessary traveling expenses and other\ndisbursements incurred in the performance of these additional duties,\neither by himself or by his assistant or stenographer, the district\nattorney of Niagara county shall receive such amount as may be fixed by\nthe board of supervisors of Niagara county payable monthly by the county\ntreasurer of Niagara county, and the assistant district attorney shall\nreceive an amount to be fixed by the board of supervisors of Niagara\ncounty, at not less than five hundred dollars per annum, payable monthly\nby the county treasurer of Niagara county, and the district attorney's\nstenographer shall receive an amount to be fixed by the board of\nsupervisors of Niagara county at not less than four hundred dollars per\nannum, payable monthly by the county treasurer of Niagara county. Until\nsuch amount is so fixed by the board of supervisors it shall be as above\nstated.\n