New York district attorneys and their offices will soon have a new oversight panel reviewing complaints filed against them, a measure that's beeing cheered by criminal justice advocates, but one that carries continued opposition from DAs themselves.
The bill is the latest version of a measure the state's district attorneys association had previously challenged in court on constitutional grounds, and comes as reform advocates have sought to overhaul every level of New York's criminal justice and law enforcement system.
"Just like any other profession, if someone is engaging in grevious misconduct, there should be a vehicle to penalize them," said state Sen. Jamaal Bailey, a Bronx Democrat who sponsored the law alongside Assemblyman Nick Perry. "Lady justice is supposed to be blindfolded because you are supposed to be judged based on what you're accused of, not because of the conduct on either side of scale."
The commission will act as a fact-finding entity and review complaints of misconduct that are then sent to an attorney grievance committee overseeing the prosecutor accused of misconduct. It's the latest criminal justice reform to be approved at the state Capitol this year, as lawmakers seek to restore fairness in a system advocates contend is rife with racial bias. Lawmakers also approved changes to New York's parole laws that make it harder for people who are accused of technical violations to return to prison.
"Trust wasn't lost based on one decision," Bailey said. "Trust has been lost in the justice system by a number of people based on a number of actions that have taken place."
But Monroe County District Attorney Sandra Doorley disagrees the measure will restore trust, and comes as crime has risen in recent months in cities across the state.
"When you look at the state, murder rates are up, gun violence is at an all-time high," said Doorley, the president of the District Attorneys Association of New York State. "Those are the things that matter to everyone in the state, that's what the Legislature should be addressing."
DAs themselves argue they aren't opposed to oversight, but the law continues to raise constitutional issues. The commission could lead some DAs to second guess their work, especially in politically senstive cases.
"This commission may cause us to pause and determine whether we want to go down that road when it shouldn't be the case," she said.
And it could actually lead to delays in removing prosecutors from office, should it come to that. The constitution continues to place the authority of removing a DA in the hands of the governor.
"What it's going to do is essentially delay the process of removing those prosecutors from office who certainly must be removed," Doorley said.