Removal of district attorneys in New York
Removal of district attorneys in New York
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AKA Twinkie |
G.S. 7a-66 Page 1
§ 7A-66. Removal of district attorneys.
The following are grounds for suspension of a district attorney or for his removal from
office:
(1) Mental or physical incapacity interfering with the performance of his duties
which is, or is likely to become, permanent;
(2) Willful misconduct in office;
(3) Willful and persistent failure to perform his duties;
(4) Habitual intemperance;
(5) Conviction of a crime involving moral turpitude;
(6) Conduct prejudicial to the administration of justice which brings the office
into disrepute; or
(7) Knowingly authorizing or permitting an assistant district attorney to commit
any act constituting grounds for removal, as defined in subdivisions (1)
through (6) hereof.
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. The clerk shall
immediately bring the matter to the attention of the senior regular resident superior court judge
for the district or set of districts as defined in G.S. 7A-41.1(a) in which the county is located
who shall within 30 days either review and act on the charges or refer them for review and
action within 30 days to another superior court judge residing in or regularly holding the courts
of that district or set of districts. If the superior court judge upon review finds that the charges if
true constitute grounds for suspension, and finds probable cause for believing that the charges
are true, he may enter an order suspending the district attorney from performing the duties of
his office until a final determination of the charges on the merits. During the suspension the
salary of the district attorney continues. If the superior court judge finds that the charges if true
do not constitute grounds for suspension or finds that no probable cause exists for believing
that the charges are true, he shall dismiss the proceeding.
If a hearing, with or without suspension, is ordered, the district attorney should receive
immediate written notice of the proceedings and a true copy of the charges, and the matter shall
be set for hearing not less than 10 days nor more than 30 days thereafter. The matter shall be set
for hearing before the judge who originally examined the charges or before another regular
superior court judge resident in or regularly holding the courts of that district or set of districts.
The hearing shall be open to the public. All testimony shall be recorded. At the hearing the
superior court judge shall hear evidence and make findings of fact and conclusions of law and
if he finds that grounds for removal exist, he shall enter an order permanently removing the
district attorney from office, and terminating his salary. If he finds that no grounds exist, he
shall terminate the suspension, if any.
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. If, upon final determination,
he is ordered reinstated either by the appellate division or by the superior court upon remand
his salary shall be restored from the date of the original order of removal. (1967, c. 1049, s. 1;
1973, c. 47, s. 2; c. 148, s. 1; 1977, c. 21, ss. 1, 2; 1987 (Reg. Sess., 1988), c. 1037, s. 13.)
§ 7A-66. Removal of district attorneys.
The following are grounds for suspension of a district attorney or for his removal from
office:
(1) Mental or physical incapacity interfering with the performance of his duties
which is, or is likely to become, permanent;
(2) Willful misconduct in office;
(3) Willful and persistent failure to perform his duties;
(4) Habitual intemperance;
(5) Conviction of a crime involving moral turpitude;
(6) Conduct prejudicial to the administration of justice which brings the office
into disrepute; or
(7) Knowingly authorizing or permitting an assistant district attorney to commit
any act constituting grounds for removal, as defined in subdivisions (1)
through (6) hereof.
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. The clerk shall
immediately bring the matter to the attention of the senior regular resident superior court judge
for the district or set of districts as defined in G.S. 7A-41.1(a) in which the county is located
who shall within 30 days either review and act on the charges or refer them for review and
action within 30 days to another superior court judge residing in or regularly holding the courts
of that district or set of districts. If the superior court judge upon review finds that the charges if
true constitute grounds for suspension, and finds probable cause for believing that the charges
are true, he may enter an order suspending the district attorney from performing the duties of
his office until a final determination of the charges on the merits. During the suspension the
salary of the district attorney continues. If the superior court judge finds that the charges if true
do not constitute grounds for suspension or finds that no probable cause exists for believing
that the charges are true, he shall dismiss the proceeding.
If a hearing, with or without suspension, is ordered, the district attorney should receive
immediate written notice of the proceedings and a true copy of the charges, and the matter shall
be set for hearing not less than 10 days nor more than 30 days thereafter. The matter shall be set
for hearing before the judge who originally examined the charges or before another regular
superior court judge resident in or regularly holding the courts of that district or set of districts.
The hearing shall be open to the public. All testimony shall be recorded. At the hearing the
superior court judge shall hear evidence and make findings of fact and conclusions of law and
if he finds that grounds for removal exist, he shall enter an order permanently removing the
district attorney from office, and terminating his salary. If he finds that no grounds exist, he
shall terminate the suspension, if any.
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. If, upon final determination,
he is ordered reinstated either by the appellate division or by the superior court upon remand
his salary shall be restored from the date of the original order of removal. (1967, c. 1049, s. 1;
1973, c. 47, s. 2; c. 148, s. 1; 1977, c. 21, ss. 1, 2; 1987 (Reg. Sess., 1988), c. 1037, s. 13.)
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