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LEGISLATIVE BACKGROUND:
COMMISSION ON PROSECUTORIAL CONDUCT
2018 Legislative Session
S.2412-D (Senate webpage)
Senate Introducer's Memo
"Purpose: The
purpose of this legislation is to create the commission on
prosecutorial conduct, to serve as a disciplinary entity designated
to review complaints of prosecutorial misconduct in New York State,
to enforce the obligation of prosecutors to observe acceptable
standards of conduct, and to establish reasonable accountability for
the conduct of prosecutors during the performance of their
functions, powers, and duties as prosecutors.
The commission on prosecutorial conduct is modeled after legislation
that established the state commission on judicial conduct.
Justification:
Creating a State Commission on Prosecutorial
Conduct, mirroring the existing
Commission on Judicial Conduct, will allow a fair procedure
for the public to voice concerns regarding improper prosecution,
lack of prosecution, and selective prosecution. …
Prosecutors have an extraordinary amount of discretion regarding
investigation and prosecution of charges. They
have wide latitude in determining how to prosecute and whether to
prosecute certain offenses against certain defendants.
It is vitally important there exist in law a tribunal to
oversee that discretion, to protect the rights of defendants, and
make certain they are not violated. …
This Commission is
modeled after the Commission on Judicial Conduct, a
successful entity that exists for many of the same reasons,
as judges too have wide discretion that must be examined to ensure
individual rights are not being violated….
VIDEO:
March 6, 2018 Senate
Judiciary Committee meeting (2-24 mins)
Kaminsky:
"...nothing has convinced me that the regular disciplinary
process in broken...
We have an existing vehicle
for disciplining prosecutors. ... The checks are
appellate judges... "
...a committee because you
don't want to get hauled
DeFrancisco:
"Back in the 70's we heard the same arguments with the
Commission on Judicial Conduct...and judges went balistic.
That all these things about how this is going to effect,
they changed their behavior...stopped becuase there was
actually an organization and with c there is
very very few cases that actually result in ..
disciplinary action, . We find this,
throught the judiciary budget, ...and it has been a great
thing for the criminal justice system.
...There is no remedy against the prosecutor. ...Now, there
is no remedy. As far as the current system being a
remedy, you can go before ...every single prosecutor has a
strangehold. And you're on the local ethics
committee, you're going.... I have the same argument with
the The ethics committee, we filed a complaint
about this prosecutor, because it is wrong, what she's been
doing. Imagine by now it's been resolved . The
current remedies are not real remedies. ... If
it's going to ...and it hasn't done anything that would
concern anything in the judicial system. ...We
hav. It would clean up the judicial system, at least
in criminal cases...
Hoylman :
Why shouldn't we have a hearing to allow ...to weigh in...
DeFrancisco:
We've had a hearing... Nick
Perry was a sponsor in the Assembly and he was there... so
there's been alot of discussion about this...
Bonacic:
We don't have public hearings on every issue. And we do our
due diligence by speaking with the stakeholders...
We
have... I don't think that public hearings on this issue. The
question is that as a matter of public policy...
O'Mara, Kaminsky, Hoylman opposed
Lanza: that we don't
see an uptake in political prosecutions. What do we have to
fear of oversight? ...This is about absolute power corrupts
absolutely...
Kaminsky: this will have a
chilling effect on their ability to do this. ...
DeFrancisco: The problems with . Conservatives like
Kaminsky and Hoylman ..
I'm going to refer it to Finance, where there will be another forum
for discussion of this legislation
VIDEO: January 12, 2018 Senate Judiciary Committee
meeting
VIDEO: June 14, 2018 Senate floor proceedings
* * *
A.5285-C (Assembly webpage)
Assembly Sponsor's Memo
March 20, 2018 laid aside transcript
VIDEO: June 19, 2018 Assembly floor proceeding
Transcript
Perry: "modeled and closely tracks
the law that created the CJC"
* * *
PRIOR LEGISLATIVE HISTORY:
2016: A.1131-B/S.24-B - Third Reading Calendar / Third Reading Calendar
2015: A.1131/S.24 - Referred to Rules / Third Reading Calendar
2014: A.8634-A/S.6286-A - Referred to Rules / Finance
Prior Introducers' Memos for S.24, for Also S.24-A, Also S.24-B
June 4, 2015 -- DAASNY President Frank Sedita's letter
* * *
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NYSCEF DOCKET:
Soares v. The State of New York (Albany Co. # 906409-18)
CJA's June 28, 2019 FOIL request to Attorney General --
"Soares v. State of New York (Albany Co. #906409-18)"
Attorney General's June 28, 2019 acknowledgment
Attorney General's July 8, 2019 acknowledgment
Attorney General's August 5, 2019 response enclosures
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2019 Legislative
Session
S.1190 (Senate webpage)
VIDEO -- January 15, 2019 Senate floor vote
Tr. 394-395
A.781 (Assembly webpage)
VIDEO -- January 15, 2019 Assembly floor vote --
explanation requested by Goodell
Palumbo -- question if
DAs notified/stipulation --
SIGNED BY GOV -- March 27, 2019
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April 1, 2019 Amended Complaint -- pp. 5-9
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January 28, 2020 Decision and Order
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2020 Legislative Session
A.10805 (Assembly webpage)
July 15, 2020 Codes, Rules
"This is new legislation. It amends certain provisions of
Article 15-A of the judiciary law,
as amended by chapter 23 of
the Laws of 2019"
S.8815 (Senate webpage)
July 20, 2020 -- Rules
-----------------------------------------
2021 Legislative
Session
S.3934 (Senate webpage)
VIDEO -- April 27, 2021 Senate Judiciary Committee meeting (at 2:25 mins
- 3:36 mins) (Skoufis)
Bailey: "We fixed what
the courts have indicated what was wrong with it"
VIDEO -- May 4, 2021 Senate Finance Committee meeting (27:55 mins.
-28:43 mins)
no discussion
VIDEO -- May 26, 2021 Senate floor vote
Tr. 3746-7
* * *
A.1634 (Assembly webpage)
January 11, 2021 bill, referred to Codes
January 11, 2021 -- Assembly Codes Committee vote
VIDEO -- February 1, 2021 -- Assembly floor vote (
-41:40 mins)
Goodell, supporting & speaking; Barron
(reluctant affirmative-then negative, watered down,
Montesano (negative, because watered down), Dilan (negative,
watered down)
Sponsor's Memo:
"The
purpose of this legislation is to update provisions of law relating
to the commission on prosecutorial conduct, to serve as a
factfinding
entity designated to review complaints of
prosecutorial misconduct in
New York State and produce a factual
record and recommendations, in
order to improve Appellate
Division attorney grievance committees'
disciplinary oversight of
district attorneys and assistant district
attorneys and to
improve the exercise of the Governor's authority to
remove
district attorneys."
--------------------
June 13, 2018 press conference -- NYS Association of Criminal
Defense Lawyers
DAASNY's June 19, 2018 letter
Center for the Advancement of Public Integrity -- November
2, 2018
* * *
New York State Commission on Prosecutorial Conduct
Background -- Legislation & Lawsuit
Background -- June 6, 2016
Legislative Forum
Illustrative Press Reporting
Outreach to Press
-------------------------
George Sassower's February 13, 2009 letter to D.A. Soares
listing -- linked in
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Center for the Advancement of Public Integrity webpage
AccountabilityNY.org
"a
coalition of law professors and public-interest groups
seeking
professional consequences for prosecutorial misconduct"
District Attorney Association of
the State of New York (DAASNY)
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