Bronx County District Attorney Explained

Post:District Attorney
Body:Bronx County
Insignia:Bronx County District Attorney seal.jpeg
Incumbent:Darcel Clark
Incumbentsince:January 1, 2016
Type:District Attorney
Member Of:District Attorneys Association of the State of New York[1]
Termlength:Four years
Formation:January 1, 1914
First:Francis W. Martin
Website:http://bronxda.nyc.gov

The Bronx County District Attorney is the elected district attorney for Bronx County, which is coterminous with the Borough of the Bronx, in New York City. The office is responsible for the prosecution of violations of New York state laws. (Federal law in the Bronx is prosecuted by the U.S. Attorney for the Southern District of New York). The current Bronx County District Attorney is Darcel Clark.

History

In a legislative act of February 12, 1796, New York State was divided into seven districts, each with an Assistant Attorney General, except for New York County, where Attorney General Josiah Ogden Hoffman prosecuted personally until 1801.[2]

The First District included Kings, Queens, Richmond, Suffolk, and Westchester counties. At that time, Westchester also included present-day Bronx County, and Queens County included much of present-day Nassau County. The Assistant Attorney General was renamed District Attorney and New York County was added to the First District on April 4, 1801. Westchester was separated from the First District and became part of the Eleventh District with Rockland and Putnam counties on April 12, 1813, and New York County became the Twelfth District on March 24, 1815. By 1818, New York State had 13 districts, which were divided so that each of the 50 county then in existence became its own district on April 21, 1818.[3] [4] [5] [6]

Until 1822, the district attorney was appointed by the Council of Appointment, and held the office "during the Council's pleasure", meaning that there was no defined term of office. Under the provisions of the New York State Constitution of 1821, district attorneys were appointed to three-year terms by their County Court, and under the provisions of the Constitution of 1846, the office became elective by popular ballot for a three-year term beginning January 1 and ending December 31. Vacancies were filled by the Governor of New York until a successor was elected to a full term at the next annual election, and acting district attorneys were appointed by Courts of General Sessions pending the governor's action.

In 1874, New York City annexed the West Bronx into New York County. New York County was further expanded in 1895 to include all of today's New York and Bronx Counties.[7] The Consolidation Charter of 1896 extended the term of incumbent district attorney John R. Fellows, who had been elected in 1893 to a three-year term from January 1, 1894 to December 31, 1896, by an extra year. Since the city elections of 1897, the New York and Bronx County District Attorneys' terms have coincided with the Mayor's terms and have been four years, except for 1901 to 1905, when two mayors served two-year terms. In case of a vacancy, a special election is held for the remainder of the term.

For the list of district attorneys for the area covering Bronx County prior to its creation from New York County, see Werner (p. 553, 554, and 563) for 1801 to 1874, both Werner (p. 563) and New York County District Attorney from 1874 to 1895, and New York County District Attorney for 1895 to 1913. When Bronx County was created on January 1, 1914, Francis W. Martin, who won the election in November 1913 in anticipation of its formation, became district attorney.[8] His initial salary was $10,000.[9]

List of Bronx County District Attorneys

District AttorneyDates in office Party Notes
Francis W. Martin[10] January 1, 1914 – December 31, 1920Democratic
Edward J. GlennonJanuary 1, 1921 – December 31, 1921 (interim)
January 1, 1922 – December 31, 1923 (elected)		Democratic
  • appointed by Governor Al Smith
  • elected to a four-year term[15]
  • resigned to become a New York State Supreme Court justice[16]
John E. McGeehanJanuary 1, 1924 – December 31, 1925 (interim)
January 1, 1926 – December 24, 1929 (elected)		Democratic
  • appointed by Governor Al Smith
  • elected to the remainder of Glennon's term[17]
  • elected to a four-year term[18] [19]
  • resigned to become a New York State Supreme Court justice[20] [21]
Charles B. McLaughlinDecember 24, 1929 – March 17, 1933Democratic
  • elected to a four-year term[22]
  • resigned to become a New York State Supreme Court justice[23] [24]
Samuel J. FoleyMarch 22, 1933 – December 31, 1933 (interim)
January 1, 1934 – December 29, 1949 (elected)		Democratic
  • appointed by Governor Herbert Lehman[25] [26]
  • ran on the Democratic and Recovery Party lines in his first election,[27] but had been a Democrat
  • elected to four four-year terms[28] [29] [30] [31]
  • ran for a Bronx County Court judgeship in November 1949, and won[32]
George B. DeLucaJanuary 1, 1950 – December 31, 1954Democratic
  • elected to two four-year terms[33] [34]
  • resigned upon taking office as Lieutenant Governor of New York[35]
Daniel V. Sullivan[36] January 1, 1955 – December 31, 1955 (interim)
January 1, 1956 – December 31, 1959 (elected)		Democratic
  • appointed by Governor Averell Harriman when DeLuca became his Lieutenant Governor[37]
  • elected to a four-year term[38]
  • retired, did not seek renomination[39]
Isidore DollingerJanuary 1, 1960 – September 18, 1968Democratic
  • elected to three four-year terms[40] [41]
  • resigned to accept a nomination to run for a New York State Supreme Court judge position
Burton B. RobertsSeptember 18, 1968 – November 7, 1968 (acting)
November 7, 1968 – December 31, 1968 (interim)
January 1, 1969 – September 16, 1972 (elected)
September 16, 1972 – December 31, 1972 (interim)		Democratic, Republican, Liberal
  • became acting district attorney upon Dollinger's resignation[42]
  • appointed by Governor Nelson Rockefeller[43]
  • nominated by three Bronx County parties' committees for his initial election, but had been a Democrat
  • elected to the remainder of Dollinger's term[44]
  • elected to a four-year term[45]
  • resigned to accept a nomination to run for a New York State Supreme Court judge position but was re-appointed by Rockefeller for continuity of investigations until he was succeeded[46]
Mario Merola[47] January 1, 1973 – October 27, 1987Democratic, Republican, Liberal, Conservative
  • nominated by four Bronx County parties' committees for his initial election to the remainder of Roberts' term,[48] [49] but had been a Democrat
  • elected to the remainder of Roberts' term
  • elected to four four-year terms[50] [51] [52] including one after he died shortly before election day[53]
  • died in office
Paul T. GentileOctober 27, 1987 – December 10, 1987 (acting)
December 10, 1987 – December 31, 1988 (interim)		Democratic
  • became acting district attorney after Merola's unexpected death
  • appointed by Governor Mario Cuomo to a one-year term[54]
  • withdrew from the primary election race[55]
Robert T. JohnsonJanuary 1, 1989 – December 31, 2015Democratic, Liberal, Conservative
  • won his initial election for the remainder of Merola's term running on three party lines and unopposed, but had been a Democrat[56] [57]
  • elected to six four-year terms
  • elected a justice of the New York Supreme Court[58]
Darcel D. ClarkJanuary 1, 2016 – currentDemocratic
  • nominated by the Bronx Democratic County Committee to replace Johnson on the primary ballot[59] and elected to a four-year term[60]
  • re-elected to a four-year term[61]

External links

Notes and References

  1. Web site: Membership. daasny.com. 1 October 2017.
  2. Book: Chester. Alden. Weeks. Lyman Horace. Dougherty. John Hampden. 1911. Legal and Judicial History of New York. 136. new York county district attorney 1818.. National Americana Society.
  3. Book: Werner. Edgar A.. Civil List and Constitutional History of the Colony and State of New York. 1891. Weed, Parsons, and Company. Albany, N.Y.. 553–563. 22 October 2016.
  4. Book: Chester. Alden. Legal and Judicial History of New York, Volume 3. 1911. National Americana Society. New York, N.Y.. 85. 16 November 2016.
  5. https://books.google.com/books?id=E3sFAAAAQAAJ&pg=PA866 The New York Civil List
  6. Book: Civil List and Forms of Government of the Colony and State of New York: Containing Notes on the Various Governmental Organizations; List of the Principal Colonial, State and County Officers, and the Congressional Delegations and Presidential Electors, with the Votes of the Electoral Colleges and the Whole, Arranged in Constitutional Periods. 1867. Weed, Parsons and Company. Albany, N.Y.. 202–203, 361, and 532. 14 December 2016.
  7. Geoffrey Hermalyn and Lloyd Ultan, "Bronx" in The Encyclopedia of New York City (1st edition), edited by Kenneth T. Jackson, New York Historical Society and Yale University Press, New Haven, Connecticut, 1995,, page 140.
  8. News: Bronx Officials Appoint — Nearly Every Place Getter on City or State Payroll Now. 15 May 2016. The New York Times. December 31, 1913. 2.
  9. The City Record . District Attorney, Bronx County. September 10, 1914. XLII. IX. 257 (supplement). 28 July 2022. New York, N.Y..
  10. News: F.W. Martin, Jurist, Dies at 68 — Presiding Justice of Appellate Division Since 1935, Member of State Court 26 Years — Named to Unit by Smith — District Attorney in the Bronx from 1913 to 1920, Making High Record of Convictions. 19 December 2016. The New York Times. June 2, 1947. 25.
  11. News: Not One Seat In Board Of Estimate Saved to Tammany — Fusion Alderman Also — McAneny and Prendergast In Safely with Other Fusion Borough Heads — Close in New York County — With Just a Possibility at Midnight That Murphy May Save It — Neck and Neck in Bronx — Matthewson, (Rep.,) May Have Beaten Tammany and Third Ticket Up There — Queens Easy for Connolly — Brooklyn Gave Fusion 54,808 Plurality — Republicans Carry County — Prendergast's Vote Cut. 19 December 2016. The New York Times. November 5, 1913. 1.
  12. News: Bronx County Officers — Democrats Elect County Judge, Surrogate, and District Attorney. 19 December 2016. The New York Times. November 5, 1913. 2.
  13. News: Officials Elected. 19 December 2016. The New York Times. November 7, 1917. 1.
  14. News: Names Talley Judge Of General Sessions — Governor Smith Also Appoints Edward J. Glennon Bronx District Attorney — G.W. Martin County Judge — All the Appointees Allied With Tammany Hall — Talley's Selection Not Expected. 15 May 2016. The New York Times. December 29, 1920. 16.
  15. News: The City Vote — Hylan's Plurality 417,986 — Craig's 249,252 — Banton's 83,680. 19 December 2016. The New York Times. November 10, 1921. 4.
  16. News: Smith Names Crain for the Supreme Court; Olvany Succeeds Him in General Sessions. 15 May 2016. The New York Times. January 2, 1924. 1.
  17. News: Davis, Smith, Dawes and Roosevelt Open Intensive Drive Here — Tammany Zealously Aids Fight as Democrats Predict Victory in State and Nation — Davis Makes 3 Speeches — 5,000 Turn Out at Staten Island, Where He Demands Honest Government — Big Crowd Greets Teddy — He Also Forecasts His Election Over Governor — Dawes Heard in Brooklyn. 20 December 2016. The New York TimesM. October 26, 1924. 1.
  18. News: Mayoralty Sweep — Tammany Controls Board of Estimate and Aldermen — Entire City Ticket Wins — Wigwam Elects Five Boro Heads and Judicial Candidates — Olvany's First Triumph — Result Clinches His Leadership and Is a Tribute Also to Gov. Smith — Voting Machines Are Used — Test of Them in Fifteenth District Yields Quick Count — Leads to Some Complaints. 19 December 2016. The New York Times. November 4, 1925. 1.
  19. News: Supreme Court Justices, District Attorneys, City Court Justice, Kings Surrogate. 19 December 2016. The New York Times. November 4, 1925. 3.
  20. News: Big Vote Piled Up — Berry and McKee Are Victors by Large Pluralities — Sweep in Four Boroughs — Tammany Elects County Officers Throughout City, Except in Queens — Beaten There by Harvey — Democratic Judges All Winners — Dodd Has an Easy Lead Over Callaghan — All Amendments Carried — Feature of the Election Is the Big Vote Polled by Thomas and Socialists. 19 December 2016. The New York Times. November 6, 1929. 1.
  21. News: McGeehan Is Sworn In — Retiring Bronx Prosecutor Takes Oath as Supreme Court Justice. 15 May 2016. The New York Times. December 25, 1929. 20.
  22. News: Farley Made Sheriff Before His 122 Aides — McLaughlin Goes in as Bronx Prosecutor, Pledging War on Crime — No Changes by Moran. 17 May 2016. The New York Times. January 2, 1930. 11.
  23. News: McLaughlin Takes Bench Today. 15 May 2016. The New York Times. March 16, 1933. 17.
  24. News: McLaughlin Takes Oath — Joins Bronx Supreme Court as Hundreds Crowd Court Room. 15 May 2016. The New York Times. March 17, 1933. 17.
  25. News: S.J. Foley Named Bronx Prosecutor — Assistant District Attorney Selected to Fill Post Left by McLaughlin — Pledges War On Rackets — Official Who Helped End Building Troubles in 1929 Promises New Fight on Crime. 15 May 2016. The New York Times. March 22, 1933. 15.
  26. News: Foley Inducted in Bronx. 15 May 2016. The New York Times. March 23, 1933. 17.
  27. News: List of Candidates Who Will Be on Ballots in Municipal Election Nov. 7. 16 May 2016. The New York Times. November 5, 1933. 2N.
  28. News: Officials Elected. 19 December 2016. The New York Times. November 8, 1933. 1.
  29. News: Complete Tables of Vote for City-Wide Officials and Borough and County Posts. 19 December 2016. The New York Times. November 4, 1937. 14.
  30. News: Hagerty. James A.. Old Party Lines Fading as Result of City Election — Moves to Depose Sullivan as Tammany Head and Split in Democratic Ranks Seen — Republican Gains Likely — Dewey's Chances for Election as Governor Rises — Labor Polled 434,297 Votes. 19 December 2016. The New York Times. November 6, 1941. 1.
  31. News: Hagerty. James A.. Record Plurality — Margin Totals 685,175 — McGoldrick Out but Runs Ahead of Ticket — Blow to Dewey Seen — Beldock Defeated by Big Margin — Lynch Loses to Hall in Richmond. 20 December 2016. The New York Times. November 7, 1945. 1.
  32. News: Rogers In City Job With Mayor's Help — Former Tammany Leader and Ex-Borough President Gets $10,000-a-Year Post. 16 May 2016. The New York Times. December 31, 1949. 1.
  33. News: Stuart. John. Democrats Sweep Judicial Offices — Froessel Holds Strong Lead Over Bromley — Party Takes County Prosecutors' Posts. 19 December 2016. The New York Times. November 9, 1949. 1.
  34. News: Democrats Chosen for Supreme Court — McGivern and Markowitz Are Victors in First District and McDonald Leads in Second. 19 December 2016. The New York Times. November 4, 1953. 22.
  35. News: Sullivan Bronx Prosecutor. 15 May 2016. The New York Times. January 1, 1955. 6.
  36. News: Daniel Sullivan, Prosecutor, Dies — Ex-Bronx District Attorney and City Court Justice, 79. 19 December 2016. The New York Times. January 9, 1966. 56.
  37. News: Amper. Richard. 2 Hitches Mark Swearing-In Rite — Javits Raises His Left Hand and Abrams, Rent Official, Misses Main Ceremony. 19 May 2016. The New York Times. January 2, 1955. 58.
  38. News: Egan. Leo. Democrats in City Sweep; Highways and Dam Beaten; Jersey G.O.P. Margin is Cut — O'Connor Winner — Takes Queens Contest — Republicans Retain Suburban Power. 19 December 2016. The New York Times. November 9, 1955. 1.
  39. News: Hailey. Foster. Dollinger Victor in Bronx Contest — Democrat Gets Big Vote for Prosecutor — Braisted Wins in Richmond. 19 December 2016. The New York Times. November 4, 1959. 19.
  40. News: Hunt. Richard P.. Vote Light Here — Cariello, O'Connor and Dollinger Elected — Amendments Pass. 19 December 2016. The New York Times. November 6, 1963. 1.
  41. News: Ronan. Thomas P.. Re-Election Won by 3 Prosecutors — Dollinger, Mackell, Braisted Score Easy Victories. 27 November 2016. The New York Times. November 8, 1967. 31.
  42. News: Ronan. Thomas P.. Roberts Nominated for Bronx District Attorney — Three Parties Endorse Him to Succeed Dollinger — His Chief Resigns to Run for State Supreme Court. 14 May 2016. The New York Times. September 19, 1968. 35.
  43. News: Bronx Prosecutor Appointed. 14 May 2016. The New York Times. Associated Press. November 8, 1968. 52.
  44. News: King. Seth S.. Democrats Win Special Elections For Council, District Attorney. 19 December 2016. The New York Times. November 6, 1968. 29.
  45. News: Midonick Is Elected Surrogate In Manhattan, Beating Aarons. 19 December 2016. The New York Times. November 3, 1971. 1.
  46. News: Andelman. David A.. New Prosecutor in Bronx to Seek A 'Cooperative Effort' With Nadjari. 15 May 2016. The New York Times. January 2, 1973. 31.
  47. News: Barron. James. Mario Merola, 65, Prosecutor in the Bronx for 15 Years, Dies. 15 May 2016. The New York Times. October 28, 1987.
  48. News: Van Gelder. Lawrence. Merola Is Designated to Seek Post as Bronx District Attorney. 15 May 2016. The New York Times. September 28, 1972. 51.
  49. News: Shipler. David K.. Democrats Lead in Races For 28 Judgeships Here. 15 May 2016. The New York Times. November 8, 1972. 32.
  50. News: Results of Voting in the City and Suburbs. 19 December 2016. The New York Times. November 6, 1975. 33.
  51. News: Lynn. Frank. Transit Bond Key Issue in New York — Jersey to Pick New Assembly. 19 December 2016. The New York Times. November 5, 1979. A1.
  52. News: Vote Totals For the Elections in the New York and Jersey. 19 December 2016. The New York Times. November 10, 1983.
  53. News: Lynn. Frank. Democrats Capture Top Posts In Suffolk, Erie and Monroe — Sweep All 44 Races in New York City, But Lose in Nassau. 20 December 2016. The New York Times. November 4, 1987.
  54. News: Howe Verhovek. Sam. Man in the News — New District Attorney for the Bronx: Paul Thomas Gentile. 15 May 2016. The New York Times. December 11, 1987.
  55. News: Lynn . Frank . Interim District Attorney Drops Out of Bronx Race . 7 June 2018 . The New York Times . June 24, 1988. 1.
  56. News: Howe Verhovek. Sam. Ex-Judge Wins in the Bronx in Vote for District Attorney. 15 May 2016. The New York Times. September 16, 1988.
  57. News: Metropolitan Area Contests. 20 December 2016. The New York Times. November 7, 1988.
  58. News: Mueller. Benjamin. Robert Johnson, Bronx District Attorney, Says He Wants to Become a State Judge. 15 May 2016. The New York Times. September 19, 2015. A15.
  59. News: Pastor. Kate. Bronx District Attorney Candidate Defends Her Nomination by Democratic Leaders. The New York Times. October 1, 2015. 2016-01-11. A24.
  60. News: Burns. Alexander. Michael McMahon, Ex-Congressman, Is Elected Staten Island District Attorney. 27 November 2016. The New York Times. November 4, 2015. A26.
  61. News: Murphy . Jarrett . The 2019 Election Results: What They Mean, and What Comes Next . 4 January 2022 . City Limits . November 6, 2019.

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