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LEGISLATIVE BACKGROUND: 2018 Legislative Session S.2412-D (Senate webpage) "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….
Kaminsky:
"...nothing has convinced me that the regular disciplinary
process in broken... 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... 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 * * * March 20, 2018 laid aside transcript
VIDEO: June 19, 2018 Assembly floor proceeding
Transcript * * * 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
* * * -----------------------------------------
NYSCEF DOCKET: 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 ------------------------------------------------ 2019 Legislative Session
SIGNED BY GOV -- March 27, 2019 ------------------------------------------------ ------------------------------------------------ ------------------------------------------------ 2020 Legislative Session 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" July 20, 2020 -- Rules ----------------------------------------- 2021 Legislative Session
VIDEO -- April 27, 2021 Senate Judiciary Committee meeting (at 2:25 mins
- 3:36 mins) (Skoufis)
VIDEO -- May 4, 2021 Senate Finance Committee meeting (27:55 mins.
-28:43 mins) VIDEO -- May 26, 2021 Senate floor vote Tr. 3746-7 * * *
A.1634 (Assembly webpage)
January 11, 2021 -- Assembly Codes Committee vote
VIDEO -- February 1, 2021 -- Assembly floor vote (
-41:40 mins)
Sponsor's Memo:
-------------------- 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
2
------------------- Center for the Advancement of Public Integrity webpage
AccountabilityNY.org
District Attorney Association of the State of New York (DAASNY) |
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