NY Lawmakers Push Measure to Create Prosecutorial Misconduct Monitor
Lawmakers are pushing a bill to create a commission that would have the power to investigate complaints against prosecutors and admonish, censure or remove them from office.
June 13, 2018 at 05:23 PM
2 minute read
Wednesday “It's not us versus the prosecutors,” Wells said. “It's accountability for all of us.”DAASNY did not immediately provide a response to a call for comment.DAASNY has argued that a system already exists to review complaints against prosecutors. Grievance committees are appointed within each Appellate Division of the state Supreme Court that review complaints against attorneys. Those committees have the power to censure, suspend, or disbar an attorney.The proposed commission would look more like the state Commission on Judicial Conduct, which investigates complaints against judges and issues public decisions. The body would consist of 11 members, three of which would be chosen by the chief judge of the Court of Appeals. The governor and the leaders of the Senate and Assembly would each appoint two members and the minority leaders of the chambers would each have one appointment.The commission would be able to hold hearings and investigations on alleged misconduct, subpoena witnesses, and request information on the complaint from prosecutors. They would also be required to submit annual reports on misconduct to the governor, legislature and Court of Appeals.The goal of the commission is three-fold, advocates say. First, it would reduce the number of exonerations in New York state by providing a mechanism to report misconduct. New York state had 13 exonerations last year, the fourth-highest in the country, according to the National Registry of Exonerations of the University of California, Irvine.Second, it would hold prosecutors accountable for actions that may have prevented a conviction in the first place, like hiding favorable evidence from the defendant.It would also save the state money, advocates say, by keeping the accused out of prison and avoiding a retrial. The commission itself is expected to cost $5.5 million when fully operational, according to the bill.The proposal could end up tucked away in an omnibus bill with other pieces of legislation, which is usually how state lawmakers wrap up the year. There are four legislative session days left before lawmakers are scheduled to leave Albany on June 20.
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