Relates to removing residency requirements for Ulster county assistant district attorneys

2025 Regular Session Introduced by Jonathan Jacobson

Allows Ulster County ADA to be from Ulster County or any adjacent New York county, relaxing residency requirements.

RETURNED TO ASSEMBLY

Overview

Bill A. 10405 (2025-2026, New York) intends to modify residency requirements for the Ulster County assistant district attorney (ADA) position. The measure would allow individuals who reside in Ulster County or an adjoining county within New York State to hold the office of Ulster County ADA, instead of requiring residency within the political subdivision or municipal corporation where they work. The bill would not alter residency requirements for ADAs in other counties, except as specified, and it would not apply to the first assistant district attorney or chief assistant district attorney.

Main purpose and intent

Expand eligibility to hold the Ulster County ADA position by removing state-residency constraints that previously required the officeholder to be a resident within the specific county’s subdivision or within the county where duties are exercised.

Maintain residency requirements for ADA positions in other counties, except where otherwise provided by law.

Clarify that the exception applies only to Ulster County ADAs and does not alter the duties or eligibility for higher-ranking assistants (first/ chief ADAs).

Key provisions and changes

Section added: Public Officers Law, new subdivision 77.

In Ulster County, the residency requirement is relaxed so that a person may hold the Ulster County ADA office if they reside in Ulster County or in an adjoining county within New York State.
If a person serves as ADA in any other county, they must be a resident of that county unless otherwise provided by law.
The residency exception does not apply to the first assistant district attorney or chief assistant district attorney, whose duties would shift to the district attorney if the DA is absent or unable to perform.

Effective date: Immediate upon enactment.

Who is affected

Primary: Individuals seeking or serving as the Ulster County assistant district attorney.

Indirect: Ulster County district attorney’s office operations and succession planning (since the first and chief ADAs retain separate, higher-responsibility roles with different residency rules).

Broader impact: Residency standards for ADA positions in other counties remain unchanged.

Procedural and timeline aspects

Introduced March 3, 2026; referred to the Committee on Governmental Operations.

Passed by Chamber considerations in May 2026 (advancement to third reading; actions logged May 5–7, 2026), indicating movement toward final consideration and potential enactment.

Effective date specified as immediate, if enacted.

Practical implications

Recruitment and staffing: May broaden the candidate pool for Ulster County ADA to include qualified individuals living in adjacent counties within New York.

Local governance: Could affect staffing flexibility and retention in Ulster County’s district attorney office.

No changes to other counties’ residency requirements unless separately enacted.

Summary

Bill A. 10405 would remove the residency constraint that requires Ulster County ADA candidates to reside within Ulster County’s immediate political subdivision, allowing residents of Ulster County or any adjacent New York county to hold the Ulster County ADA position. The measure preserves existing residency rules for ADAs in other counties and for the first and chief assistant district attorneys. It takes effect immediately upon enactment.