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S547Senate2019-2020 SessionSame asA1244

Loosen Residency Rules for Attorneys

Official title

“Relates to the qualifications for holding the offices of assistant district attorney and assistant public defender in the county of Chenango”

Sponsor Fredrick J. Akshar IISD-52+1 co-sponsorAffects Legal
Status
Signed by Governor
Impact
3/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill allows assistant district attorneys and assistant public defenders in Chenango County to reside in adjoining New York counties.

Why it matters

  1. Expands the hiring pool for Chenango County. By allowing assistant district attorneys and assistant public defenders to live in neighboring counties, the bill could help the county attract more qualified candidates, which is especially important in rural areas with smaller local populations.

  2. Addresses staffing challenges in the legal system. Rural counties like Chenango often struggle to fill public service legal positions; this change may reduce unfilled vacancies and delays in the court system by making more attorneys eligible for these roles.

  3. Maintains leadership accountability. The requirement that first assistant district attorneys and first assistant public defenders must still reside within Chenango County ensures that top leaders remain local and accessible, preserving direct community connection and oversight.

  4. Sets a precedent for future flexibility. If successful, this policy could be considered by other counties facing similar recruitment difficulties, signaling a shift in how residency restrictions are viewed for public sector jobs in New York.

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Who cares

Headline styles

Loosen Residency Rules for Attorneys

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Fredrick J. Akshar II

Senator · Senate District 52

1 Co-sponsor

History

  1. Signed chap.292
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.322
  6. Substituted for A1244
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 62–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.268
Show 1 earlier action
  1. Referred to investigations and government 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.

A1244Assembly

Loosen Residency Rules for Attorneys

Assembly Floor Calendar · Sponsor Clifford Crouch

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

547

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 defen-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02985-01-9

S. 547 2

der 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 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.

Sponsor's memo

Title of bill

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

Purpose

Relates to the qualifications for holding the offices of assistant district attorney and assistant public defender in the county of Chenan- go.

Summary of provisions

Section 1. Section 3 of the public officers law is amended by adding two new subdivisions 67 and 68.

67: 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 persons resides in Chenango county or an adjoining county within the state of New York. The provisions shall not apply to any person holding the office of first assistant district attorney.

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 public defen- der of the county of Chenango, provided that such persons resides in Chenango county or an adjoining county within the state of New York. The provisions shall not apply to any person holding the office of first assistant public defender.

Section 2 is the effective date.

Justification

Chenango County is a rural area that does not attract a high concen- tration of legal professionals. According to the Chenango County Board of Supervisors, both the District Attorney and Public Defender for Chenango County have experienced difficulties in recruiting and main- taining Assistant District Attorneys and Assistant Public Defenders. With upcoming changes to the New York State Criminal Justice System it is increasingly important to keep these offices fully-staffed. Per the request of the Chenango County Board of Supervisors, this legislation would allow for Assistant District Attorneys and Assistant Public Defen- ders to reside in Chenango county or an adjoining county in New York State.

Legislative history

2018 - S.7390 Passed Senate

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.