Current through 2021 NY Law Chapters 1-49 and 61-101
Section 700 - District attorney; powers and duties1. 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.Amended by New York Laws 2019, ch. 55,Sec. PP-6, eff. 10/9/2019.