New York § 825 - 825District attorneys in certain counties

§ 825. 825District attorneys in certain counties

§ 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.