N.Y. County Law § 700: District attorney; powers and duties

§ 700. District attorney; powers and duties. 1. Except as provided in

section seven hundred one of this chapter, it shall be the duty of every

district attorney to conduct all prosecutions for crimes and offenses

cognizable by the courts of the county for which he or she shall have

been elected or appointed; except when the place of trial of an

indictment is changed from one county to another, it shall be the duty

of the district attorney of the county where the indictment is found to

conduct the trial of the indictment so removed, and it shall be the duty

of the district attorney of the county to which such trial is changed to

assist in such trial upon the request of the district attorney of the

county where the indictment was found. He or she shall perform such

additional and related duties as may be prescribed by law and directed

by the board of supervisors.

2. Within thirty days after the receipt of any fine, penalty, recovery

upon any recognizance, monies and proceeds from the sale of property

realized as a consequence of any forfeiture, or other money belonging to

the county, the district attorney or the claiming authority shall pay

the same to the county treasurer. Not later than the first day of

February in each year, the district attorney shall make in duplicate a

verified true statement of all such moneys received and paid to the

county treasurer during the preceding calendar year and at that time

shall pay to the county treasurer any balance due. One statement shall

be furnished to the county treasurer, one to the clerk of the board of

supervisors and one to the state comptroller. A district attorney who is

not re-elected shall make and file the verified statement and pay any

balance of such moneys to the county treasurer within thirty days after

the expiration of his term.

3. It shall be the duty of the district attorney to bring actions upon

any forfeited recognizance taken in his county in any criminal action or

proceeding unless otherwise directed by the court.

4. At the opening of the first term of county court held in each year

he shall present to the court a verified statement of all actions

brought by him upon forfeited recognizance, penalties or forfeitures,

the judgments entered thereon and those collected. The statement shall

indicate the amounts due the county and the amounts due the state. This

provision shall apply to a former district attorney whose term has

expired and was not re-elected.

5. The board of supervisors may create the position of confidential

secretary to the district attorney who shall serve at his pleasure and

shall be in the exempt class of the civil service.

6. The district attorney must maintain a written record of all

indictments pending in the courts of the county in which he shall have

been elected or appointed. Such record shall contain the name of each

person indicted, the crime charged, the date on which the indictment was

returned, the disposition of the indictment and such other information

as the court may direct. At the expiration of his term, the district

attorney must deliver this record to his successor in office.

7. The district attorney shall keep and preserve all records now or

hereafter in his care or custody or under his control and all records,

books and papers relating to the functioning of his office or the

performance of his duties. No such record, book or paper shall be

destroyed or otherwise disposed of, except pursuant to law. At the

expiration of his term, the district attorney shall, within sixty days,

turn over all such records, books or papers to his successor in office.

8. The district attorney of a county having a population of more than

one hundred thousand according to the last federal census and the

district attorney of Essex county and any county having a population of

more than forty thousand but less than one hundred thousand according to

the last federal census, the board of supervisors of which has

designated such office as a full-time position, shall give his whole

time to his duties and shall not engage in the practice of law, act as

an arbitrator, referee or compensated mediator in any action or

proceeding or matter or engage in the conduct of any other profession or

business which interferes with the performance of his duties as district

attorney.

10. There is hereby established a program of state aid to all counties

having a population of more than one hundred thousand according to the

last federal census, to any county, the board of supervisors of which

has designated the office of district attorney as a full-time position

pursuant to subdivision eight of this section and to the city of New

York for the salaries of district attorneys of such counties and the

counties within such city at the rate of ten thousand dollars per annum.

No such state aid shall be paid with respect to any district attorney

who has not complied with subdivision eight of this section.

11. (a) In addition to the state aid provided in subdivision ten

hereof, each county, the salary of the district attorney of which is

determined pursuant to section one hundred eighty-three-a of the

judiciary law, shall be entitled to receive state aid in an amount equal

to the difference between: (i) the salary required to be paid to the

district attorney of such county pursuant to such section one hundred

eighty-three-a on October first, nineteen hundred ninety-four, not

including any additional compensation which may have been provided by

local law pursuant to such section one hundred eighty-three-a, and (ii)

the salary required to be paid to such district attorney pursuant to

such section one hundred eighty-three-a immediately prior to October

first, nineteen hundred eighty-seven, or the salary actually paid

immediately prior to such date, if higher, less the amount of any

additional compensation which may have been provided thereafter by any

such local law prior to April first, nineteen hundred ninety-six.

Provided, however, where the salary of the district attorney of a county

first becomes determined pursuant to section one hundred eighty-three-a

of the judiciary law on or after April first, nineteen hundred

ninety-six, the state aid payable to such county pursuant to this

paragraph shall equal thirty-one thousand dollars.

(b) In addition to the state aid provided in paragraph (a) of this

subdivision, each county, the salary of the district attorney of which

is determined pursuant to section one hundred eighty-three-a of the

judiciary law, shall be entitled to receive state aid in the amount of

forty-one percent of the difference between the amount required to be

paid to such district attorney pursuant to section one hundred

eighty-three-a of the judiciary law on and after January first, nineteen

hundred ninety-nine and the amount required to be paid pursuant to such

section immediately prior to such date, except that in the county of

Dutchess the amount shall be forty-two percent of such difference in the

county of Putnam the amount shall be forty percent of such difference in

the county of Monroe the amount shall be thirty-nine percent of such

difference and in the counties of Erie, Nassau, Suffolk and Westchester

the amount shall be thirty-six percent of such difference.

(c) Commencing with the nineteen hundred eighty-seven calendar year,

the comptroller shall annually determine the amount of state aid payable

to each county pursuant to paragraphs (a) and (b) hereof for each

calendar year and shall pay such amount on his audit and warrant to the

chief fiscal officer of each such county during the month of September

in each such year. Where a county first becomes entitled to state aid

pursuant to paragraphs (a) and (b) hereof on a day other than January

first, nineteen hundred ninety-nine or January first of any other year

thereafter, the amount of state aid payable to such county in the year

it first becomes entitled to such state aid shall be prorated

accordingly.

13. In order to provide services to crime victims, witnesses, and

other persons involved in the criminal justice system, and to support

crime prevention programs, the district attorney may employ or contract

with persons licensed and registered to practice or otherwise authorized

under article one hundred fifty-three, one hundred fifty-four, or one

hundred sixty-three of the education law, or contract with entities

authorized to provide the services specified in such articles, in

connection with the provision of any services that such persons or

entities are authorized to provide and that are authorized by the

district attorney.