State lawmakers hear testimony in Albany on implementation of the new criminal discovery laws, on Monday, Oct. 28. Photo: Dan M. Clark/NYLJ

The New York Attorney General's Office echoed the concerns of local prosecutors in New York on the implementation of the state's new discovery laws during a public hearing in Albany on Monday, saying more funding will be required for a smooth transition over the next year.

A representative for New York Attorney General Letitia James testified before state lawmakers that her office will need $10.2 million in new funding to comply with the laws.

Kate Powers, director of legislative affairs for the Attorney General's Office, testified that James agrees with local district attorneys that more funding will be needed across the board as the state begins implementation of the new laws at the start of next year.

"Our office is providing testimony today to say that we strongly support these requests and urge you to account for these needs in the upcoming 2020 budget," Powers said.

In the near future, Powers said, the Attorney General's Office is seeking $500,000 to comply with its immediate discovery needs. An additional $9.7 million is needed for the outlying years, she said.

Powers, acting as a surrogate for James, said the Attorney General's Office supports the new laws as they were approved by the state Legislature, but that there were serious concerns about implementation in both their office and those of local district attorneys statewide.

That same concern has been raised multiple times over the last several months by local prosecutors and their trade group, the District Attorneys Association of the State of New York.

Orange County District Attorney David Hoovler, the current president of DAASNY, repeated their call for additional funding before state lawmakers at the hearing Monday. Hoovler said he felt their concerns had gone unheard by Democrats in the state Legislature.

"Many upstate offices feel like nobody in our state government is listening," Hoovler said. "The ultimate success of these laws depends on prosecutors being able to comply with them. We are asking for help."

Hoovler said DAASNY, relying on data from the New York State Association of Counties, has predicted that approximately $100 million will be needed outside New York City to comply with the new discovery laws.

He was joined at the hearing by seven district attorneys from counties outside New York City. They testified that additional funding would be primarily used to hire more staff to ensure compliance with the law and upgrade technology for prosecutors and local law enforcement.

Monday's hearing was the second held by state lawmakers in recent months on the implementation of the new laws, which take effect in January.

They were approved as part of a larger package of criminal justice reform measures folded into this year's state budget in March. The legislation also included changes to the state's laws on cash bail and the right to a speedy trial.

State Sen. Jamaal Bailey, D-Bronx, organized Monday's hearing as chair of the state Senate Codes Committee, which typically considers changes to the state Criminal Procedure Law. He was among the strongest supporters of the new laws earlier this year.

Bailey rallied with public defenders and criminal justice advocates before the hearing in support of the new law but made clear that he was in Albany to hear testimony on implementation. 

"At the end of the day, no matter what side you're on, you want fairness in the justice system," Bailey said.

During the hearing, Bailey said he was open to allocating more funding for prosecutors to comply with the new laws. He said he'll bring those concerns to his colleagues for possible legislative action when the Legislature reconvenes in January.

"I'm not saying you shouldn't receive increases," Bailey said. "In private meetings we've had, in hearings we've had, no one can say I've said 'don't give DAs money.' I have not said that. I will never say that."

When the new laws take effect at the beginning of next year, prosecutors and the defense will be required to exchange the first phase of discovery within 15 days of a person's arraignment.

That deadline didn't previously exist in state law, which meant that defense attorneys, in some cases, weren't provided with discoverable material until days before trial. Some prosecutors, like the Brooklyn District Attorney's Office, had already implemented their own reforms to create a more open exchange of discovery with the defense.

The 15-day deadline for discovery isn't set in stone. Prosecutors can delay the due date for an additional 30 days if the discoverable material is too much to exchange within that time or they don't have the actual material in their possession.

Bailey was the lone Democrat present at the hearing. It was also attended by three Republican members of the state Senate, including Sen. Thomas O'Mara, who previously served as the Chemung County District Attorney before he was elected to the state Senate.

O'Mara, like the other Republicans on the panel, were critical of the new laws at the beginning of the hearing. Sen. Daphne Jordan, R-Saratoga, urged Democrats, who hold the majority in both chambers of the Legislature, to allocate more funding for prosecutors in next year's state budget, or repeal the new laws altogether.

"Discovery within 15 days of arraignment is a very narrow time frame, especially in cases where prosecutors are dealing with multiple police agencies," Jordan said. "The cost of all this? District attorney's offices and town justice offices need more resources to come into compliance with these reforms. Who's paying for all this?"

Prosecutors in New York may not know if they'll receive more funding from the state to comply with the new laws until late March, when lawmakers finish negotiations on the state budget with Gov. Andrew Cuomo. 

That process starts with a first draft of the budget that's proposed by Cuomo in January. Cuomo, in the past, has been skeptical about whether prosecutors will need more funding to comply with the changes.

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