In what circumstances will a municipal defendant be held responsible for the conduct of a district attorney?

9 The municipal defendant in Walker was the City of New York, apparently composed of two or more constituent counties. The district attorney whose training and supervision were under attack represented Kings County. We do not see this factual oddity as having any significance here. In fact, it appears the city had even less authority over the district attorney than did the county in Baez v. Hennessy, supra. Nevertheless, the city was held responsible for the district attorney's conduct.

10 The attributes described by the court were: the geographic extent of the district attorney's authority is created by specific state statute for each district, some of which include more than one county; the Governor appoints an interim successor to fill a vacancy in the office; the district attorney's bond runs to the state's Governor; a state administrative body exists to discipline and assist district attorneys; district attorneys are required by statute to make reports to the state Attorney General upon request; and, the office of district attorney is created by the state Constitution. (Crane v. State of Tex., supra, 766 F.2d at p. 194.)