What's happening
This bill allows assistant district attorneys and assistant public defenders in Chenango County to reside in neighboring New York counties.
Why it matters
Addresses recruitment and retention challenges. by expanding the pool of eligible candidates for assistant district attorney and assistant public defender positions in Chenango County to include qualified individuals from neighboring counties, which may help fill vacancies and bring in more experienced talent.
Maintains local accountability for key roles. by explicitly excluding first assistant positions from this residency exception—these critical roles, which would step in for the DA or public defender, still require residency within Chenango County, ensuring top leadership retains strong local ties.
Aligns Chenango County with other New York counties. that have similar residency flexibility, potentially reducing administrative burdens and reflecting the reality that legal professionals may live just outside county lines but still be deeply connected to the region.
Preserves county-specific control. by limiting the change to Chenango County and clarifying that residency rules for assistants in other counties remain unchanged unless addressed separately by law, so it does not set a broad statewide precedent.
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Who cares
Headline styles
Loosen Residency Rules for Attorneys
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by S547
- Ordered to third reading rules cal.322
- Rules report cal.322
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Loosen Residency Rules for Attorneys
Signed by Governor · Sponsor Fredrick J. Akshar II
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1244
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. CROUCH, D'URSO, FINCH, LAWRENCE, MONTESANO -read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to the qualifications for holding the offices of assistant district attorney and assistant public defender in the county of Chenango
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the public officers law is amended by adding two new subdivisions 68 and 69 to read as follows:
68. In the county of Chenango, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Chenango, provided that such person resides in Chenango county or an adjoining county within the state of New York; provided, however that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law. The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney, the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.
69. In the county of Chenango, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant public defender of the county of Chenango, provided that such person resides in Chenango county or an adjoining county within the state of New York;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02985-01-9
A. 1244 2
provided, however that any person performing such functions or holding the office of assistant public defender in any other county shall be a resident of such county unless otherwise provided by law. The provisions of this subdivision shall not apply to any person holding the office of first assistant public defender, the holder of which would assume the duties of the public defender upon the public defender's absence from the county or upon the public defender's inability to perform his or her duties.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.