New York Assembly Bill A04025

New York 2025-2026 Regular Session

• Introduced: 1/30/25
• Refer: 1/30/25
• Report Pass: 6/5/25
• Refer: 6/5/25
• Report Pass: 6/6/25
• Engrossed: 6/6/25
• Refer: 6/6/25
• Engrossed: 6/11/25
• Enrolled: 11/17/25
• Chaptered: 11/21/25
• Passed: 11/21/25

Caption

Waives the residency requirement for certain county attorney positions within Warren county including assistant district attorney, assistant public defender and assistant county attorney.

Summary

A04025 amends New York’s Public Officers Law to create a Warren County-specific exception to the general residency requirement for certain local legal positions. Under the bill, a person may serve as an assistant district attorney, assistant public defender, or assistant county attorney in Warren County even if they do not live in Warren County, so long as they reside in a county that adjoins Warren County and is within New York State. The bill expressly excludes the first assistant public defender from this exception, because that position would assume the public defender’s duties if the public defender is absent or unable to serve. The measure is narrowly tailored to Warren County and takes effect immediately. It does not eliminate residency rules statewide; rather, it carves out a local exception for specified offices while leaving the general rule in place for other counties and other positions unless another law provides otherwise.

Impact

The bill would amend section 3 of the Public Officers Law by adding a new subdivision 76, creating a statutory residency waiver for certain Warren County legal staff. It would allow the county to recruit assistant district attorneys, assistant public defenders, and assistant county attorneys from neighboring counties, which could expand the available applicant pool for these positions. The bill leaves intact the residency requirement for other counties and for the first assistant public defender, preserving the broader statewide framework while creating a targeted local exception.

Sentiment

The available voting record shows strong support for the bill. It passed the Assembly Governmental Operations Committee unanimously, advanced unanimously through Assembly Rules, and passed the Assembly floor by a wide margin. It also passed the Senate with only two nays, indicating broad bipartisan acceptance and little visible opposition overall.

Contention

There is little evidence of major controversy in the available record, but the bill’s narrow residency waiver could raise the usual policy tension between local residency requirements and workforce flexibility. Supporters appear to favor easing hiring constraints for Warren County’s legal offices, while any concern would likely center on whether nonresidents should hold local public offices and whether the exception should be limited to adjoining counties. The explicit exclusion of the first assistant public defender suggests an effort to address concerns about continuity of leadership in that office.