Responsibilities and Services: The county attorney is the legal counsel for the Oswego County Legislature and all county departments.
The County Attorney is the legal advisor to the County Legislature and every officer whose compensation is paid from county funds in all matters involving an official act of a civil nature. The County Attorney prosecutes and defends all civil actions and proceedings brought by or against the county, the County Legislature and any officer whose compensation is paid from county funds for any official act, except as otherwise provided by this chapter or other law. Within the limits of the appropriation, the County Attorney may employ counsel to assist in any civil action or proceeding brought by or against the county or any county officer in an official capacity (County Law §501).
It is the duty of the County Attorney's office to collect fines, restitution or reparation imposed upon corporations in criminal proceedings (Criminal Procedure Law §420.20). The office may seek civil penalties under the Telemarketing and Consumer Fraud and Abuse Prevention Act for any violation. The penalties recovered are retained by the county (General Business Law §399-pp).
The County Attorney is the legal advisor to the Oswego County Self-Insurance Plan for Worker's Compensation (Worker's Compensation Law §64). The County Attorney shall advise the directors of the Soil and Water Conservation District when requested (Soil & Water Conservation Law§ 9 (13)).
The Family Court or the Appellate Division of the Supreme Court may request the County Attorney to present a case in support of a petition when, in the opinion of the Family Court or Appellate Division, such presentation will serve the purposes of the Family Court Act. When so requested, the County Attorney shall present the case in support of the petition and assist in all stages of the proceedings, including appeals in connection therewith (Family Court Act §254). The office serves as the Presentment Agency for all juvenile delinquency/designated felony matters.
The County Attorney's office assists the Interstate Compact Coordinator for the State of New York, as may be necessary, in the return of runaway youth or juvenile delinquents to other states and from other states to the County of Oswego under the Interstate Compact on Juveniles (New York Unconsolidated Laws §1801, et seq.)
The County Attorney's office is required to appear on behalf of out-of-state parties seeking child support under the Uniform Interstate Family Support Act (UIFSA) (Family Court Act §580-101).
The County Attorney's office advises the Board of Health, prosecutes violations of the Clean Indoor Air Act, ATUPA and septic and sanitary violations under the Public Health Law, conducts hearings, prosecutes violations of local laws and performs other duties as required.
The County Attorney's office, upon the request of the Director of Community Services, and in conjunction with the Office of Mental Health obtain court orders, under "Kendra's Law" (Mental Hygiene Law §9.60) for individuals with mental illnesses to receive and accept assisted outpatient treatment (AOT). This process includes initiating proceedings, conducting hearings in Supreme Court, and renewing court orders for treatment.
The County Attorney's office is a statutory member of the County Child Fatality Review Team. (Social Services Law §422-b (3))
The office also represents the Probation Department in hearings, as may be necessary, under the Interstate Compact on Adult Offender Supervision. Executive Law §259-MM