Frequently Asked Questions

Q. What does the District Attorney do?

A. The District Attorney is a county-wide official, elected to a four
 year term, who serves as the county's primary executive law
 enforcement officer. It is the duty of every district attorney to conduct 
 all prosecutions for crimes and offenses that may be brought in the courts
 of the county.

Q. May the District Attorney carry on his own private law practice
 while in office?

A. No. In a county with greater than 100,000 people (Ulster pop.
 182,693 in 2005) the District Attorney must devote all his time to his 
 duties and shall not engage in the practice of law or any other profession 
 or business which interferes with the performance of his duties as
 District Attorney.

Q. What is the difference between the District Attorney and the Public
 Defender?

A. While the District Attorney and the Public Defender have in common
 their roles as department heads as well as the County's primary
 attorneys in the criminal justice system, they represent opposite parties.
 According to the law, the District Attorney prosecutes all crimes and
 offenses in the name of the People of the State of New York, regardless of
 the actual accuser. The individuals accused of the crimes and/or
 offenses are known as defendants. Defendants have a constitutional right 
 to be represented by an attorney. If a defendant demonstrates he or she
 cannot afford an attorney, the Court will assign counsel, to be paid for
 by the County. The Public Defender represents most of the indigent
 defendants in Ulster County.

Q. Does the District Attorney bring civil actions on behalf of crime
 victims?

A. No, the District Attorney is mandated by law to conduct criminal
 prosecutions. Since this is done on behalf of the state, no individual,
 not even a victim, is considered the District Attorney's client. An
 individual victim may, however, be eligible to receive various forms of
 assistance through the N.Y.S. Crime Victim's Board; a process the
 District Attorney's Office should strive to coordinate for its victims.
 Even in those instances where criminal activity creates a civil right of
 action for a victim, the District Attorney does not have the authority
 to pursue such an action.

Q. How does the District Attorney affect the average law abiding
 citizen?

A.  Most citizens will not come into direct contact with the District
 Attorney's Office unless they are either victimized by criminal
 behavior or charged with committing a crime. Regardless of the nature of
 a citizen's contact with the District Attorney, it is essential that he
 or she be firm yet fair minded, so as to foster the people's
 confidence in our system of justice. Victims must be assured they will be
 treated with dignity and compassion in the resolution of their case. Those
 accused of crimes deserve no less, for if they are justly convicted, they
 will be punished according to the law. If acquitted, they will return
 to their place in society with their rights and dignity intact.

ELECT JONATHAN R. SENNETT
ULSTER COUNTY DISTRICT ATTORNEY