Matter of Haggerty v. Rensselaer County, 84 N.Y.2d 918 (1994)
A Special District Attorney, like a District Attorney, must obtain prior approval from the County Court or Board of Supervisors before hiring additional legal staff at public expense.
Summary
This case concerns the scope of a Special District Attorney’s authority to hire staff and receive compensation for their services. The Court of Appeals held that a Special District Attorney, possessing powers coextensive with those of a District Attorney, must obtain prior approval from the County Court or Board of Supervisors before hiring additional legal staff at public expense. Because the Special District Attorney in this case failed to obtain such approval, the County Court lacked the authority to order compensation for services rendered by anyone other than the Special District Attorney himself. This ruling reinforces the principle that the power to appoint a Special District Attorney should be invoked sparingly and not interpreted expansively.
Facts
An attorney was appointed as Special District Attorney pursuant to County Law § 701. He sought compensation for hours billed by associates in his law firm and for the services of a law clerk. The County Court authorized payment for these services. However, the Special District Attorney had not obtained prior approval for compensation to members of his staff. The County Attorney objected to payment for anyone other than the Special District Attorney himself.
Procedural History
The County Court initially authorized payment for the services of the Special District Attorney’s staff. The County Attorney objected. The Appellate Division rejected the County’s argument that only the appointed attorney could be compensated but reduced the award, finding the hourly rates excessive. The Special District Attorney appealed to the Court of Appeals, challenging the reduction in compensation and arguing for broader hiring powers.
Issue(s)
- Whether a Special District Attorney has the authority to hire additional staff (associates and law clerks) and receive public compensation for their services without prior approval from the County Court or Board of Supervisors.
Holding
- No, because a Special District Attorney’s powers are coextensive with those of a District Attorney, and a District Attorney requires approval from the County Court or Board of Supervisors before hiring legal staff at public expense; absent such approval, the County Court lacked authority to order compensation for services rendered by persons other than the Special District Attorney.
Court’s Reasoning
The Court of Appeals reasoned that County Law §§ 700, 701, 702, and 703 place strict limitations on a District Attorney’s power to hire staff, requiring approval from the County Board of Supervisors or County Judge depending on the position. Because a Special District Attorney possesses all the powers and duties of a District Attorney regarding the matter for which they were appointed, they are similarly constrained in their ability to hire staff at public expense. The court emphasized that a Special District Attorney’s powers are “coextensive with those of a District Attorney.” The Court cited People v. Leahy, stating that legislative authorization to appoint a Special District Attorney should be invoked sparingly and not interpreted expansively. The court declined to recognize broader hiring powers for a Special District Attorney than those conferred upon elected District Attorneys. Because the Special District Attorney did not obtain prior approval for compensating his staff, the County Court lacked the legal authority to order compensation for their services.