Section 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 or  other  money  belonging  to  the  county,  the
  district  attorney 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 and the other to
  the clerk of the board of supervisors. 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.