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This entry was published on 2019-10-11
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SECTION 700
District attorney; powers and duties
County (CNT) CHAPTER 11, ARTICLE 18
§ 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.