N.Y. County Law § 701: Special district attorney

§ 701. Special district attorney. 1. Whenever the district attorney of

any county and such assistants as he or she may have shall not be in

attendance at a term of any court of record, which he or she is by law

required to attend, or are disqualified from acting in a particular case

to discharge his or her duties at a term of any court, a superior

criminal court in the county wherein the action is triable may, by

order:

(a) appoint some attorney at law having an office in or residing in

the county, or any adjoining county, to act as special district attorney

during the absence, inability or disqualification of the district

attorney and such assistants as he or she may have; or

(b) appoint a district attorney of any other county within the

judicial department or of any county adjoining the county wherein the

action is triable to act as special district attorney, provided such

district attorney agrees to accept appointment by such criminal court

during such absence, inability or disqualification of the district

attorney and such assistants as he or she may have.

2. If, for any reason, the appointment of a special district attorney

cannot be effectuated pursuant to paragraph (a) or (b) of subdivision

one of this section, the court shall then attempt to effect such

appointment pursuant to the other such paragraph.

3. Where a special district attorney appointed under this section is a

district attorney, he or she may direct the exercise of such powers and

the performance of such duties by any assistant in his or her office in

any case in which he or she serves as special district attorney to the

same extent permitted by law in any case in which he or she serves as

district attorney.

4. No appointment made under this section shall be for a period beyond

the adjournment of the term at which made. Where, however, an

appointment is required under this section for a particular case because

of the disqualification of the district attorney, the appointment may be

made for all purposes, including disposition. The special district

attorney so appointed shall possess the powers and discharge the duties

of the district attorney during the period for which he or she shall be

appointed. The provisions of this section shall also apply to a county

wholly contained within a city.

5. Where a special district attorney is appointed under this section,

the board of supervisors of the county wherein such special district

attorney serves, after having been notified and provided with an

opportunity to be heard, shall pay the necessary disbursements of, and a

reasonable compensation for, the services of the person so appointed and

acting, as certified by the presiding judge or justice. Nothing

contained herein shall prevent any county from entering into an

agreement with any other county for the compensation of a special

district attorney appointed pursuant to paragraph (b) of subdivision one

of this section. In no event shall the compensation paid pursuant to

paragraph (b) of subdivision one of this section exceed the compensation

paid by the county in which such district attorney, or his or her

assistants, serves.

6. (a) This subdivision shall apply to the attorney general in any

circumstance where the attorney general acts in place of a district

attorney. Nothing in this subdivision shall invalidate a court

appointment of a district attorney or other attorney made prior to the

effective date of this subdivision to serve in the place of the attorney

general on a particular matter under any other subdivision of this

section.

(b) Notwithstanding any other provision of law to the contrary,

whenever the attorney general and such assistants as the attorney

general may have, is disqualified from acting in a particular matter to

discharge their duties at a term of any court, a superior criminal court

in the county wherein the action is triable may upon articulable reasons

set forth by the attorney general for such appointment, by order:

(i) appoint some attorney at law having relevant experience and

expertise, without regard to judicial department or other geographic

limitations within the state, to act as special district attorney during

the disqualification of the attorney general and such assistants as they

may have; or

(ii) appoint a district attorney of any county to act as special

district attorney, provided such district attorney agrees to accept

appointment by such criminal court during such disqualification of the

attorney general and such assistants as they may have.

(c) The special district attorney so appointed shall possess the

powers and discharge the duties of the attorney general during the

period, or for the duration of the matter, for which they shall be

appointed.

(d) Where a special district attorney is appointed under this

subdivision, the special district attorney may direct the exercise of

such powers and the performance of such duties by any assistant or other

staff in their office to assist such special district attorney to the

same extent permitted by law.

(e) Any special district attorney appointed under this subdivision for

a matter arising out of the attorney general's authority under section

seventy-b of the executive law shall be responsible for the public

report required by subdivision six of such section.

(f) Where a special district attorney is appointed under this

subdivision, the department of budget, after having been notified and

provided with an opportunity to be heard, shall pay the necessary

disbursements of, and a reasonable compensation for, the services of the

person so appointed and acting, as certified by the presiding judge or

justice.