[Amended 12-20-2007 by L.L. No. 3-2008; 9-2-2008 by L.L. No. 25-2008[1]; 10-1-2024 by L.L. No. 1-2025[2]]
There shall be a Department of Law under the direction of a County Attorney who shall be appointed by the County Executive, subject to confirmation by the County Legislature. At the time of his or her appointment, and throughout his or her term of office, the County Attorney shall be and remain duly licensed and entitled to practice law in the State of New York. He or she shall be appointed on the basis of his or her legal experience and other qualifications for the responsibilities of his or her office. The County Attorney may be removed by the County Executive, subject to a two-thirds vote of concurrence by the County Legislature. The County Attorney may also be removed by the County Legislature by a two-thirds vote of the Legislature, however, this provision shall not be applicable to the County Attorney serving at the time this law takes effect. The County Attorney shall not engage in any private practice nor be employed by any private law firm or other governmental entity in his or her field of expertise of employment. This restriction on employment by the County Attorney shall not be applicable to the County Attorney serving at the time this law takes effect.
[1]
Editor's Note: This local law was vetoed by the County Executive 9-29-2008, which veto was overridden by the County Legislature 9-29-2008. The local law was then approved at referendum 11-4-2008.
[2]
Editor's Note: This local law was vetoed by the County Executive 10-25-2024, which veto was overridden by the County Legislature 11-25-2024. This local law also provided an effective date of 1-1-2027 and was subject to permissive referendum; no valid petition was received.
Except as may otherwise be provided in this Charter, the County Attorney shall, with respect to County civil matters:
(a) 
Be the sole legal adviser for the County and its administrative units, including its officers;
(b) 
Prepare all necessary legal papers and instruments;
(c) 
Prosecute or defend all civil matters or proceedings involving the County and its units, including its officers;
(d) 
Prepare local laws, resolutions, legalizing acts or other legislation upon request of the County Executive or a member of the County Legislature, together with notices and other documents in connection therewith;
(e) 
Execute all tax foreclosure proceedings required in the name of the County;
(f) 
Have all the powers and perform all the duties conferred or imposed by law on a County Attorney, and perform such other and related nonconflicting duties required by the County Executive or the County Legislature.
[Amended 12-20-2007 by L.L. No. 3-2008]
The County Attorney may appoint such Deputy County Attorneys, assistants and employees of his or her department as shall be authorized by the County Legislature, including a confidential secretary, who shall be in the exempt class of the Civil Service. At the time of his or her appointment, and throughout his or her term of office, each Deputy County Attorney shall be and remain duly licensed to practice law in the State of New York. All full-time Deputy County Attorneys shall not engage in any private practice nor be employed by any private law firm or other governmental entity in their field of expertise of employment, except any employee hired prior to December 20, 2007 may continue in any private practice in their field of expertise until December 31, 2010 as long as they remain in their current position of County employment. Deputy County Attorneys, assistants and employees of the department shall be directly responsible to and serve at the pleasure of the County Attorney.
The County Attorney, subject to approval of the County Executive, shall designate in writing and in order of succession the Deputy County Attorneys who shall be acting County Attorney in the event of his or her absence from the County or inability to perform and exercise the powers and duties of his or her office. Such designation shall be filed with the County Executive and the Clerk to the County Legislature and may be revoked at any time by the County Attorney by filing a new written designation and order of succession. The Acting County Attorney shall have all the powers and perform all the duties of the County Attorney.
[Amended 6-23-2008 by L.L. No. 20-2008]
Whenever the interests of the County Executive and the Legislature are inconsistent, the County Attorney shall represent the interests of the Legislature. In such event, nothing herein shall be construed to deny the County Executive access to obtaining legal counsel at County expense. The County Attorney shall comply with any and all lawful and permissible resolutions which may be adopted by the Legislature. If said resolution is vetoed by the County Executive, the County Attorney shall represent the Legislature only where the veto is overridden. If the override fails, the County Attorney shall represent the will of the County Executive.
The County Attorney shall have the power to retain special counsel, subject to appropriations made by the County Legislature.