What's happening
This bill makes the Hamilton County District Attorney a full-time position, prohibiting them from outside legal or business activities.
Why it matters
Increases focus and accountability. By making the Hamilton County District Attorney a full-time role, the bill ensures the DA is fully dedicated to public prosecution, which may enhance the quality and thoroughness of criminal justice in the county.
Reduces conflicts of interest. Prohibiting outside legal practice and business activities helps prevent potential conflicts between public responsibilities and private interests, fostering greater public trust in the DA’s independence and decisions.
Aligns Hamilton County with larger counties. The change brings Hamilton County’s DA in line with those in more populous counties and others already operating under full-time requirements, potentially improving consistency and professionalism across New York State.
May impact the candidate pool and compensation. Requiring a full-time commitment could affect who is willing or able to run for the DA position and may lead to discussions about adjusting salary and benefits to reflect the expanded expectations.
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Who cares
Headline styles
Make Hamilton DA Full-Time
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Vetoed memo.270
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.649
- Substituted for A7215
- Referred to local governments
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1427
- Committee discharged and committed to rules
- Referred to local government
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.
Make DA Full-Time
Assembly Floor Calendar · Sponsor Robert Smullen
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4632
2019-2020 Regular Sessions
IN SENATE
March 18, 2019
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the county law, in relation to the full-time status of the district attorney of Hamilton county
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 8 of section 700 of the county law, as amended by chapter 419 of the laws of 1978, is amended to read as follows:
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 Hamilton county, 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 fulltime 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09006-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the county law, in relation to the full-time status of the district attorney of Hamilton county
Summary of general provisions
Section 1 amends subdivision 8 of Section 700 of the County Law to make the District Attorney of Hamilton County a full-time position.
Section 2 provides the effective date.
Existing law
Judiciary Law Section 183-a affords county legislatures the option of designating the office,of district attorney as a full-time position. Section 183-a links county district attorneys' salaries with judicial salaries, requiring a district attorney's salary to be equal to or high- er than either the county court judge or supreme court judge in a coun- ty, depending on full or part-time status. On April 1, 2016 the State legislature approved the salary raises recommended by the New York State Commission on Legislative, Judicial, and Executive Compensation. This statute increased all state judge (and most district attorney) salaries in 2016, 2017, and 2018.
Chapter 1049 of the Laws of 1974, amended subdivisions 8 and 10 of section 700 of the County Law and section 183-a of the Judiciary Law to extend to counties with populations ranging from 40,000 to 100,000 the option of designating the position of district attorney full time, thereby becoming eligible to receive State aid in the amount of $10,000 per year to be applied to the district attorney's salary.
Justification
District attorneys retain the ultimate, non-delegable duty to conduct all prosecutions for crimes and offenses cognizable by courts of the county for which he or she has been elected. However, law enforcement needs differ in counties of various sizes.
Section 183-a of the Judiciary Law and subdivision 8 of section 700 of the County Law evidence a legislative recognition that smaller counties might find it burdensome to comply with the statutory salary require- ments, thus, leaving it to the county legislature to determine whether or not the position of district attorney would be full time and subject to those salary requirements. The office of the District Attorney of Hamilton County by its nature exceeds that of a part-time position, and conducting prosecutions for crimes throughout the county requires a full-time commitment. As such, the applicable local government has adopted a resolution to make the position of District Attorney of Hamil- ton County a full-time position and subject to statutory salary require- ments.
Prior legislative history
New bill.
Fiscal impact for state and local governments
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.