Upstate Judge Sets Aside NY Bail Reform Law as Unconstitutional in Misdemeanor Case
Judge Thomas Marcelle objected to the bail reform law on separation-of-powers grounds, writing that the state legislature should not have interfered with judges' ability to control how and when a defendant appears in court.
February 05, 2020 at 04:42 PM
3 minute read
A judge in Cohoes City Court in Albany County ruled Monday that New York's bail reform law, which has been effect for just over a month, is unconstitutional as applied to a misdemeanor case in which the defendant had a history of failing to appear.
Judge Thomas Marcelle objected to the bail reform law on separation-of-powers grounds, writing that the state legislature should not have interfered with judges' ability to control how and when a defendant appears in court.
"In short, a judge unable to make judgments is not a judge," he wrote.
Marcelle's decision ruled the new law was unconstitutional "as applied to this case." But the sweeping rationale may mean the decision will have influence beyond the case before the Cohoes judge.
The bail reform law, which was passed in April, was a subject of controversy even before it took effect Jan. 1. Calls for changes to the law have continued in recent weeks, with Gov. Andrew Cuomo acknowledging the law is a "work in progress."
Among other changes, the law ended money bail for misdemeanor cases, with limited exceptions for domestic violence and sex offense cases.
The defendant who appeared before Marcelle, Jonathan Johnston, has been charged with a pair of misdemeanors related to driving without a license.
Marcelle found that the bail reform law was motivated by the "quite real" concern that cash bail unfairly penalizes poor defendants, but he suggested legislators "impermissibly trespassed upon the judicial power" by categorically prohibiting bail in certain cases.
Johnston's attorney, Jessica Gorman, said the constitutionality of the bail reform law was not raised by either party but by Marcelle himself.
"That's improper," she said.
Among other issues, there was no discussion in court about whether Johnston's prior failures to appear were intentional, Gorman said. According to the bail reform law, judges may consider a defendant's "risk of flight" as they determine whether the defendant should be released with a promise to appear or with other non-monetary conditions.
Prosecutors did not take a position on Johnston's conditions for release, according to an Albany County District Attorney's Office spokeswoman.
Because Gorman and her co-counsel Stephen Herrick did not raise the issue, she said they do not expect to carry it forward for an appeal. Instead, she said, they may ask an Albany County Court judge to exonerate Johnston's bail.
At a hearing Wednesday designed to determine Johnston's bail, the court instead agreed to stay the bail, Gorman said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCourt System Names New Administrative Judges for New York City Courts in Leadership Shakeup
3 minute readRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250