There shall be elected from the County at large a District Attorney,
whose term of office shall begin with the first day of January next
following election to the position and shall be for four years. At
the time of nomination and election, and throughout the term of office,
the District Attorney shall be and remain a qualified elector of the
County and shall be and remain duly licensed and entitled to practice
law in the State of New York.
The District Attorney shall have the power to appoint such Deputy
District Attorneys, assistants, investigators, and employees of the
office as shall be necessary to perform the duties of the office of
District Attorney and as shall be authorized by the Tompkins County
Legislature. At the times of their appointment, and throughout their
employment as such, all Deputy District Attorneys shall be and remain
duly licensed and entitled to practice law in the State of New York.
All Deputy District Attorneys, assistants, investigators, and employees
shall be directly responsible to the District Attorney.
Except as may otherwise be provided in this Charter, the District
Attorney shall have all the powers and perform all the duties now
or hereafter conferred or imposed by law upon district attorneys,
and perform such other and related non-conflicting duties as may be
required by the Tompkins County Legislature.
The powers and duties of the District Attorney shall be to:
(a) Conduct all prosecutions for crimes and offenses cognizable by the
courts of the County. Violations of County local laws or ordinances
may be delegated to corporation counsel or town or village attorneys;
(b) Within 30 days after the receipt of any fine, penalty, recovery upon
any recognizance or other money belonging to the County, the District
Attorney shall pay the same to the County Director of Finance;
(c) Bring actions upon any forfeited recognizance taken in the County
in any criminal action or proceeding unless otherwise directed by
the Court;
(d) Maintain a written record of all indictments pending in the courts
of the County;
(e) At the opening of the first term of County Court held in each year,
present to the Court a verified statement of all actions brought upon
forfeited recognizance, penalties, or forfeitures, the judgments entered
thereon and those collected;
(f) Keep and preserve all records related to the functioning of the office
or the performance of the duties of District Attorney. No such record,
book, or paper shall be destroyed or otherwise disposed of, except
pursuant to law.
Every appointment of a Deputy or Assistant District Attorney
by the District Attorney shall be in writing, filed, and recorded
in the office of the County Clerk. The person or persons so appointed
shall take the prescribed oath of office and furnish any required
official undertaking. Any such appointment may be revoked by the District
Attorney at any time by filing a written revocation in the office
of the County Clerk.
Unless otherwise required by law, no officer, unit or court
of, or within, the County shall require from the District Attorney
any filing or recording fee or other charge pertaining to, or in connection
with, the work of that Department.