Orange County District Attorney David Hoovler, the new president of the District Attorneys Association of the State of New York, has a simple message for Gov. Andrew Cuomo and the state Legislature: listen to us.

As prosecutors prepare to implement the most comprehensive changes to the state's criminal justice system in decades, Hoovler says Cuomo and lawmakers should be engaged in the process.

“I think DAASNY has to have open lines of communication with our Legislature and governor so they understand there are different needs in different places,” Hoovler said. “We are not a one-size-fits-all criminal justice system in the state.”

The reforms take effect at the start of next year and will largely overhaul the state's laws on cash bail, criminal discovery and the right to a speedy trial. Defendants facing most low-level charges won't be eligible for bail, for example; instead, they'll be presumptively released.

Hoovler, a Republican, has a background in law enforcement outside his work as a prosecutor. He decided to become a lawyer while working as a detective in Maryland, but always had a goal of practicing criminal law. 

“I chose to go to law school and it was kind of scary,” Hoovler said. “I left a very good job to go to something uncertain in law school. But I went there with the full intention of being a prosecutor. That's what I wanted to do. It worked out.”

Now, he's leading the state's trade organization for prosecutors. 

The New York Law Journal spoke to Hoovler about his new position, and the role DAASNY expects to take over the next year as reforms are implemented and the Legislature considers new changes.

This interview has been edited for length and clarity.

NYLJ: What are your top priorities for the District Attorneys Association over the next year while you're president?

The first step is putting victims first. I want to focus on policies and practices that put victims first and do everything we can to make victims feel comfortable, make them willing to cooperate, explain the system to them, and do everything possible to try to put their lives back together as best we can when traumatic things happen to them.

The second aspect is making sure we advocate as strongly as possible for the resources needed to implement the reforms in the spirit the Legislature intended them to be implemented. What that really means is finding the money and the resources out there to make it happen, to carry out their intent.

The third aspect is focusing on offender rehabilitation and making sure that adequate drug treatment and rehabilitative programs put people in a position so once they've taken responsibility for what they've done, or once they've completed their penalty, they have an opportunity to come back to society and be contributing members.

NYLJ: The state Legislature passed a series of changes to the state's criminal justice laws this past year that will be implemented while you're head of DAASNY. How do you feel about the new laws, and what role can DAASNY play in helping prosecutors implement them?

I think the reforms were needed in many areas, and there are a lot of ways I'm glad they will take effect. I think DAASNY has to have open lines of communication with our Legislature and governor so they understand there are different needs in different places. We are not a one-size-fits-all criminal justice system in the state.

I'm just 60 miles away from one of the largest metropolitan areas in the world that has tons of resources and programs available. But you come just 60 miles up and a lot of those resources and programs are not available to people in the county because property taxes here fund so many of the services provided and nobody wants to raise taxes to provide services.

NYLJ: How could the Legislature change the new laws to improve them for prosecutors?

I think first and foremost, opening up lines of communication, so that people who are on the front lines—the police, prosecutors and sheriffs—[lawmakers can] listen to what they have to say about the issues we face and consider that, when you pass things, there will be different consequences in different places across the state. 

Most importantly, before you pass something, consider that it's going to require funding. It doesn't feel good to pass these reforms if we can't implement them in the spirit the Legislature wanted. The spirit they wanted with all of this is to change the system to make it more fair, in their opinion, and give people more opportunities for rehabilitation. All of that costs money, for both the prosecution and the defense and in services available to people.

NYLJ: What other legislative priorities will DAASNY have next year, if any?

I definitely think that statutorily, for some drugs, A1 drug crimes in particular, there needs to be some kind of caveat [in the bail reform law] for individuals that come here and are in possession of multiple pounds of drugs and are not residents of the U.S. or they don't live in the state. 

Something has to be thought about amending that provision to add, perhaps, A1 drug offenses, outside of a major trafficker. I foresee that as people coming here, dropping off drugs, and never coming back.

NYLJ: Are there any legislative changes you've heard about that DAASNY would be particularly opposed to going forward?

DAASNY is a trade organization in its purest form. Every district attorney gets to govern their particular county how their constituency drives them to do so. DAASNY is more of a think tank and problem-solving tank that looks at it from a larger standpoint.

I think there are certainly things that a lot of people in DAASNY could support or be against, but the biggest thing we need is better communication lines between the Legislature, the governor and the district attorneys.

NYLJ: Lawmakers are expected to continue discussions on legalizing marijuana for recreational use next year. How should the experience of prosecutors play into that conversation?

I think there should be hearings. I think there should be a lot of input from prosecutors on the things we've experienced. I really think there should be tremendous input from probation departments on what they see and a lot of input from mental health. 

Ultimately, whatever is decided, [lawmakers should] make sure if it's legalized that there are strong prevention and education tools funded and put into place, because it can be an addictive drug, and making sure that whatever revenue is raised is put to better our communities and particularly the communities that need it most.

NYLJ: The race for Queens District Attorney is headed to court, though Melinda Katz appeared to have more votes in the latest recount. Her opponent, Tiffany Caban, has said she wouldn't join DAASNY if elected. What would you say to her about that decision?

I would hope that we can sit down and have a cup of coffee or lunch and talk about that, because I think there's a world of knowledge that exists within DAASNY that is usable that she could basically tap into. She could do all of that and still implement whatever programs and policies that she wanted in her county.

Inside of DAASNY, there's no politics. People don't talk about what party you are. It's about public safety, it's about expressing your opinion, it's about debate. I would hope that whoever it is would be willing to sit down with me and have a conversation and talk about the benefits. I guarantee you that there are more places where we agree on things than we disagree.

Hoovler has been the Orange County District Attorney since Jan. 2014. He's also a former federal prosecutor and was a name partner at Ostrer & Hoovler in Orange County.

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