The New York State Bar Association wants the Legislature to take up changes to criminal discovery practices when it reconvenes in January.

Discovery reform is one of a number of legislative agenda items the bar has identified for both state and federal legislators to address in 2018. Bar president Sharon Stern Gerstman said she's hoping to see the organization's priorities get turned into law.

“We've gone through a very careful process to pick issues that we think are of great import to our members and to the citizens of New York,” she said. “We'll be using our resources—our legislative resources, our staff—and our leaders to see if we can have the same success this year that we had last year.”

The bar's support for a right to discovery in criminal matters comes amid greater scrutiny of—and action on—an issue defense attorneys have long argued is unfair to clients and damaging to the criminal justice system.

The Legal Aid Society's Attorney-in-Chief Seymour James Jr. praised the bar association's move in a statement, welcoming it into “a growing and diverse coalition of voices calling for the law's overhaul.”

“New York's current discovery statute is antiquated, unjust, and patently unfair, and facilitates wrongful convictions and unnecessary court delays,” James said in a statement. “More and more New Yorkers see this issue as a critical criminal justice reform and are urging Albany to act.”

Recently, the state court system itself took measures to address the issue. The Office of Court Administration, at the behest of Chief Judge Janet DiFiore, directed judges earlier this month to issue orders to prosecutors to ensure information is disclosed in a more timely fashion, such as 15 days before a suppression hearing or 30 days before a felony trial.

While defense attorneys have largely been appreciative of the move, it's been seen by many as a Band-Aid. The bar association seeks a more substantive overhaul of the state's discovery laws regarding, among other things, pretrial motions, securing witnesses by subpoena and evidence suppression.

“If you look around the country, New York is one of the very few states that has such a paltry amount of discovery that's afforded to criminal defendants in criminal proceedings,” Gerstman noted.

The bar hopes to see changes to rules to modernize and to make the criminal discovery rules and process fairer, while providing measures to ensure the safety of witnesses—a requirement for potential buy-in from prosecutors.

On top of discovery reform, the bar association is also pushing for reform to the statutory power of attorney. A simplified form, new protections against third parties' refusal to accept valid powers, protections for those following the proper process, and a lining up for language in forms with statutory language are all goals.

Additionally, the bar seeks legislative confirmation that communications with clients through lawyer referral services is privileged, as well as perennial calls for an adequately funded judiciary, including a call for the end to the so-called judicial pension “death gamble.”

Gerstman said the bar hopes it can continue the success it saw last year.

“We had a home run last year,” she said, noting the passage of priorities such as raise-the-age, records sealing, and full funding for indigent services legislation. Power of attorney legislation also “came pretty close” last year after passing the Assembly, and the bar president said they hope to have worked out issues with the legislation to gain enough support to pass both chambers this year.

The New York State Bar Association wants the Legislature to take up changes to criminal discovery practices when it reconvenes in January.

Discovery reform is one of a number of legislative agenda items the bar has identified for both state and federal legislators to address in 2018. Bar president Sharon Stern Gerstman said she's hoping to see the organization's priorities get turned into law.

“We've gone through a very careful process to pick issues that we think are of great import to our members and to the citizens of New York,” she said. “We'll be using our resources—our legislative resources, our staff—and our leaders to see if we can have the same success this year that we had last year.”

The bar's support for a right to discovery in criminal matters comes amid greater scrutiny of—and action on—an issue defense attorneys have long argued is unfair to clients and damaging to the criminal justice system.

The Legal Aid Society's Attorney-in-Chief Seymour James Jr. praised the bar association's move in a statement, welcoming it into “a growing and diverse coalition of voices calling for the law's overhaul.”

“New York's current discovery statute is antiquated, unjust, and patently unfair, and facilitates wrongful convictions and unnecessary court delays,” James said in a statement. “More and more New Yorkers see this issue as a critical criminal justice reform and are urging Albany to act.”

Recently, the state court system itself took measures to address the issue. The Office of Court Administration, at the behest of Chief Judge Janet DiFiore, directed judges earlier this month to issue orders to prosecutors to ensure information is disclosed in a more timely fashion, such as 15 days before a suppression hearing or 30 days before a felony trial.

While defense attorneys have largely been appreciative of the move, it's been seen by many as a Band-Aid. The bar association seeks a more substantive overhaul of the state's discovery laws regarding, among other things, pretrial motions, securing witnesses by subpoena and evidence suppression.

“If you look around the country, New York is one of the very few states that has such a paltry amount of discovery that's afforded to criminal defendants in criminal proceedings,” Gerstman noted.

The bar hopes to see changes to rules to modernize and to make the criminal discovery rules and process fairer, while providing measures to ensure the safety of witnesses—a requirement for potential buy-in from prosecutors.

On top of discovery reform, the bar association is also pushing for reform to the statutory power of attorney. A simplified form, new protections against third parties' refusal to accept valid powers, protections for those following the proper process, and a lining up for language in forms with statutory language are all goals.

Additionally, the bar seeks legislative confirmation that communications with clients through lawyer referral services is privileged, as well as perennial calls for an adequately funded judiciary, including a call for the end to the so-called judicial pension “death gamble.”

Gerstman said the bar hopes it can continue the success it saw last year.

“We had a home run last year,” she said, noting the passage of priorities such as raise-the-age, records sealing, and full funding for indigent services legislation. Power of attorney legislation also “came pretty close” last year after passing the Assembly, and the bar president said they hope to have worked out issues with the legislation to gain enough support to pass both chambers this year.