Section 825. District attorneys in certain counties  


Latest version.
  • 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.