who can remove a district attorney

Can a district judge be removed from office?

OFFICERS SUBJECT TO REMOVAL. The district judge may, under this subchapter, remove from office: (1) a district attorney; (2) a county attorney; (3) a county judge; (4) a county commissioner;

How do I suspend or remove a district attorney?

A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal.

What happens if the county does not have a district attorney?

If the county does not have a district attorney, the county attorney from an adjoining county, as selected by the commissioners court of the county in which the proceeding is pending, shall represent the state.

Can a district attorney appeal an order of removal?

The district attorney may appeal from an order of removal to the Court of Appeals on the basis of error of law by the superior court judge. Pending decision of the case on appeal, the district attorney shall not perform any of the duties of his office.

Can a district attorney be removed from office in California?

A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal.

Are district attorneys elected in New York state?

Each of New York's 62 counties has an elected district attorney. The City of New York also has a Special Narcotics Prosecutor.

How much does the New York DA make?

The average Deputy District Attorney salary in New York, NY is $109,991 as of August 29, 2022, but the salary range typically falls between $99,909 and $129,591.

Who is the new district attorney in New York?

The current district attorney is Alvin Bragg. He was elected in 2021 to succeed Cyrus Vance Jr....New York County District Attorney.District Attorney of New York CountyIncumbent Alvin Bragg since January 1, 2022Formation1801First holderRichard RikerWebsiteManhattanDA.org1 more row

Can a New York district attorney be removed from office?

According to the state constitution: “The governor may remove any elective sheriff, county clerk, district attorney or register within the term for which he or she shall have been elected; but before so doing the governor shall give to such officer a copy of the charges against him or her and an opportunity of being ...

How much do district attorneys make?

Salary Ranges for District Attorneys The salaries of District Attorneys in the US range from $13,279 to $356,999 , with a median salary of $64,623 . The middle 57% of District Attorneys makes between $64,627 and $162,013, with the top 86% making $356,999.

How much do lawyers earn?

A: In 2020, the average salary of a lawyer was approximately $12,410 a month, which amounts to about $148,910 a year. Q: Do lawyers who own private practices or partners in law firms have a higher salary? A: Lawyers working in law firms generally earn more than those who own private practices.

How much do assistant district attorneys make in NY?

How much does an Assistant District Attorney make in New York? The average Assistant District Attorney salary in New York is $68,468 as of August 29, 2022, but the range typically falls between $54,310 and $83,908.

What do district attorneys do?

What is a District Attorney? The district attorney analyzes and gathers evidence to determine if there are grounds for criminal prosecution of cases within their districts and presents cases at trial.

Who appoints District attorneys in New York?

In each county a district attorney shall be chosen by the electors once in every three or four years as the legislature shall direct.

How many district attorneys are there in NY?

New York State has one District Attorney for each of its 62 counties, in addition to a D.A. for each of New York City's five boroughs....Directory of New York District Attorneys.Albany County District AttorneyOrange County District AttorneyCayuga County District AttorneyRensselaer County Attorney33 more rows•Mar 14, 2019

How long is ny district attorney term?

four-yearThe district attorney is a state constitutional officer, elected by the county electorate for a four-year term.

How much money does the Manhattan DA make?

The average district attorney gross salary in New York-Manhattan, New York is $156,255 or an equivalent hourly rate of $75. This is 20% higher (+$25,661) than the average district attorney salary in the United States. In addition, they earn an average bonus of $8,891.

How much does the New York attorney general make?

State executive salariesOffice and current officialSalaryAttorney General of New York Letitia JamesNew York Secretary of State Robert RodriguezNew York Public Service Commission James Alesi$127,000New York Commissioner of Agriculture Richard A. Ball$120,80011 more rows

How much does a Brooklyn ADA make?

The average salary for an Assistant District Attorney is $98,537 per year in Brooklyn, NY. Salaries estimates are based on 733 salaries submitted anonymously to Glassdoor by an Assistant District Attorney employees in Brooklyn, NY.

How much does the attorney general of the United States make?

Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$221,400, as of January 2021.

What is the burden of disqualifying a district attorney?

A party who moves to disqualify the district attorney based on this prong bears the burden of showing that it is unlikely that the defendant will receive a fair trial.

When was the disqualification statute for district attorney?

Prior to 2002, the disqualification statute stated that a district attorney could be disqualified “ [i]f the district attorney is interested or has been employed as counsel in any case which it is his duty to prosecute or defend.” § 20-1-107, C.R.S. (2001) (amended 2002).

How long does it take to serve a motion to disqualify a district attorney?

A motion to disqualify a district attorney shall be served upon the district attorney at least two weeks before the motion is heard. Such motion shall contain at least a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the movant and shall be supported by affidavits of witnesses who are competent to testify to the facts set forth in the affidavit.

What is the standard of review on appeal of a trial court’s decision to disqualify a district attorney?

The Standard of Review on appeal of a trial court’s decision to disqualify a district attorney for an abuse of discretion. A trial court abuses its discretion when its decision is “manifestly arbitrary, unreasonable, or unfair.” .. What this means is you will almost ALWAYS LOSE an appeal of the trial judge’s decision.

Did the district attorney indebted to the victim's family?

Even though the district attorney might have been indebted to the victim’s family, the Court held that this did not bear upon whether the defendant would be unlikely to receive a fair trial.

Can a district attorney be disqualified?

A district attorney may only be disqualified in a particular case at the request of the district attorney or upon a showing that the district attorney has a personal or financial interest or finds special circumstances that would render it unlikely that the defendant would receive a fair trial.

Is disqualifying a district attorney a drastic remedy?

Finally, disqualifying the district attorney is a drastic remedy that should only occur in narrow circumstances.

How long does a suspended officer have to serve notice?

The suspended officer must also serve written notice on the temporary appointee and the appointee's bondsman, within 90 days after the date the bond is executed, stating that the officer intends to hold them liable on the bond and stating the grounds for that liability.

Can an officer be removed from office for prior action?

Sec. 87.001. NO REMOVAL FOR PRIOR ACTION. An officer may not be removed under this chapter for an act the officer committed before election to office.

Can a person appeal a citation?

The person may not take an appeal or writ of error from the judge's decision. If the judge grants the order for citation, the clerk shall issue the citation with a certified copy of the petition. The judge shall require the person filing the petition to post security for costs in the manner provided for other cases.

What is a district attorney?

District attorneys are constitutionally and statutorily charged with prosecuting criminal actions in their districts. Each district attorney employs a number of assistant district attorneys who assist in carrying out this work. A district attorney may even, as Jonathan discussed in this earlier post, employ a private attorney to assist ...

Why did the district attorney withdraw from the case?

The trial court nevertheless ordered the district attorney’s office to withdraw from the case to “avoid even the possibility or impression of any conflict of interest,” and also ordered that the district attorney’s office have “no further participation” in the case. The state supreme court concluded that the trial court exceeded its authority in so ...

What happens if a trial court finds a conflict of interest?

A trial court that finds an actual conflict of interest may disqualify the prosecutor having the conflict from participating in the prosecution of the defendant’s case and order the prosecutor not to reveal information that might be harmful to the defendant.

What is the name of the office that the district attorney seeks to prosecute a case?

When a district attorney identifies a conflict of interest associated with his or her prosecution of a case, the district attorney may seek assistance with the prosecution from another prosecutorial district, the Attorney General’s Special Prosecution Division , the Administrative Office of the Courts, or the Conference of District Attorneys.

Can a district attorney be barred from prosecution?

Trial courts have limited authority to bar prosecution by a district attorney. The North Carolina Supreme Court in State v. Camacho, 329 N.C. 589 (1991), rejected the notion that a trial court has broad authority to remove a district attorney from his or her prosecutorial role based on a perceived conflict of interest. The defendant in Camacho moved to disqualify the Mecklenburg County District Attorney and his entire staff from the prosecution of the defendant for murder and burglary because an assistant district attorney in the office had formerly worked as a public defender in the office that represented the defendant on the charges during an earlier trial that ended in a mistrial. The assistant district attorney had done some work with other attorneys concerning a motion by the defendant alleging ineffective assistance of counsel. She had not, however, seen any of the defendant’s files while working in the public defender’s office and could not recall the substance of any conversations regarding the defendant’s case. The assistant district attorney had no involvement with the prosecution of Camacho’s case by the district attorney’s office. The trial court nevertheless ordered the district attorney’s office to withdraw from the case to “avoid even the possibility or impression of any conflict of interest,” and also ordered that the district attorney’s office have “no further participation” in the case.

When can a prosecutor be disqualified?

Smith court noted that, under Camacho, a prosecutor may be disqualified only when the trial court has found an actual conflict of interest involving prior representation by the prosecutor and the obtaining of confidential information detrimental to the defendant.

Did the assistant district attorney see the defendant's files?

She had not, however, seen any of the defendant’s files while working in the public defender’s office and could not recall the substance of any conversations regarding the defendant’s case. ...