PH - Repealing VOP Authorization

This Local Law proposes to repeal the authorization for the Westchester County Attorney's Office to present criminal proceedings related to violations of probation (VOPs) in criminal courts. This authorization was initially granted in 2003 due to budget cuts in the District Attorney's Office, which historically handled these cases.

Background:

• Prior to March 1, 2003, the District Attorney's Office handled all VOP proceedings.
• Due to budget reductions, the DA's office stopped handling VOPs, and the County Attorney's Office was authorized to take over.
• The DA's office eventually resumed these duties and continued until 2026.
• Since early 2025, the County Attorney's Office has handled VOPs only in cases where the current District Attorney has a conflict of interest (due to her prior judicial experience).

Reason for Repeal:

• The current District Attorney has indicated her office will cease handling VOPs entirely beginning in 2026.
• If the County Attorney's Office were to assume all VOP cases, it would place a significant burden on their resources and expertise, as their primary function is civil law.
• The County Attorney's Office lacks the necessary resources and experience for criminal matters.

Proposed Action:

• The Local Law aims to repeal the 2003 amendment that authorized the County Attorney to handle VOPs.
• This will ensure the County Attorney's Office can focus on its mandated civil legal duties and remove confusion about its role in criminal proceedings.