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This entry was published on 2014-09-22
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SECTION 825
District attorneys in certain counties
County (CNT) CHAPTER 11, ARTICLE 23
§ 825. District attorneys in certain counties. The district attorneys
of Erie, Monroe and Onondaga counties may each appoint in and for his
county, in the manner provided in section seven hundred two of this
chapter and with like powers, such number of assistants as shall be
fixed and determined by resolution of the board of supervisors. All of
the persons so appointed shall be called assistant district attorneys.
Each of said assistant district attorneys shall receive such salary as
shall be fixed and determined by said board of supervisors. The district
attorney shall designate in the order appointing such assistants the
salary which each of such assistants shall receive, subject, however, to
the limitations prescribed by such resolution of the board of
supervisors. Said assistants shall severally take the constitutional
oath of office before entering upon the duties thereof; and the district
attorney shall be responsible for their acts. Said district attorney may
designate, in writing, to be filed in the office of the clerk of said
county, one of his said assistants to be the acting district attorney in
the absence from said county or other inability of said district
attorney; and the assistant so designated shall, during such absence or
inability of said district attorney, perform the duties of the office.
Such designation may be revoked by said district attorney in writing, to
be filed and recorded in the office of the county clerk. The district
attorney of Monroe county and his assistants shall conduct, on the part
of the people, all preliminary examinations in the police court of the
city of Rochester, and subject to the right of a complainant to appear
personally or by attorney, all other prosecutions for crime therein; and
may conduct prosecution therein for violations of the penal ordinances
of said city, and appeals therefrom and in such event one-half of the
salary of such first assistant shall be a charge upon the city of
Rochester and assessed back upon said city by the board of supervisors
of Monroe county except that the Monroe county Board of Supervisors may
by resolution make such charge a general county charge to be borne by
the entire county of Monroe; but the corporation counsel of said city
shall have the power to prosecute any person for the violation of an
ordinance and to conduct proceedings therefor, or an appeal therefrom.
The district attorneys of the counties of Erie and Onondaga may also
appoint a person to act as interpreter at all sessions of the grand
juries of such counties and of the city of Buffalo, whose compensation
shall be fixed by the court in and for which such grand jury may be
impaneled. The district attorney of the county of Monroe, whenever he is
authorized so to do by the board of supervisors of such county, may
appoint necessary interpreters who shall act as interpreters at all
sessions of the grand jury in such county and for all county departments
except the courts. The district attorneys of the counties of Erie and
Monroe shall each be entitled to receive, in addition to their salary,
all costs collected by them in actions and proceedings prosecuted and
defended by them. The county judge, or the special county judge, of the
county of Monroe, or any supreme court justice, shall have power, on the
application of the district attorney of Monroe county, to order and
direct the county treasurer of Monroe county to pay to the district
attorney any sum of money expended or incurred by him in the performance
of his duties in his office, and the county judge of the county of
Rensselaer, or any supreme court justice, shall have power, on the
application of the district attorney of Rensselaer county, to order and
direct the county treasurer of Rensselaer county to pay to the district
attorney any sum of money expended or incurred by him in the performance
of his duties in his office, and the county judge of the county of
Albany, or any supreme court justice, shall have power, on the
application of the district attorney of Albany county, to order and
direct the county treasurer of Albany county to pay to the district
attorney of such county any sum of money expended or incurred by him in
the performance of his duties in his office, and the county judge of
Columbia county, or any justice of the supreme court, shall have power,
on the application of the district attorney of Columbia county, to order
and direct the county treasurer of Columbia county to pay to the
district attorney of such county any sum of money expended or incurred
by him in the performance of his duties in office. The district
attorney of Niagara county shall have charge of and conduct on the part
of the people all preliminary examinations in the police courts of the
cities of Lockport, North Tonawanda and Niagara Falls, either in person
or by his assistant and the several justices of the peace of said
county. In lieu of the necessary traveling expenses and other
disbursements incurred in the performance of these additional duties,
either by himself or by his assistant or stenographer, the district
attorney of Niagara county shall receive such amount as may be fixed by
the board of supervisors of Niagara county payable monthly by the county
treasurer of Niagara county, and the assistant district attorney shall
receive an amount to be fixed by the board of supervisors of Niagara
county, at not less than five hundred dollars per annum, payable monthly
by the county treasurer of Niagara county, and the district attorney's
stenographer shall receive an amount to be fixed by the board of
supervisors of Niagara county at not less than four hundred dollars per
annum, payable monthly by the county treasurer of Niagara county. Until
such amount is so fixed by the board of supervisors it shall be as above
stated.