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State DAs move to block commission

Apr 02, 2019 6:30 am
Dan M. Clark is reporting for the New York Law Journal on April 1, the District Attorneys Association of the State of New York moved to block the creation of a new commission that would review complaints of misconduct made against the state’s prosecutors. The association argues the legislation that created the panel is unconstitutional. Gov. Andrew M. Cuomo signed a bill into law last week creating the Commission on Prosecutorial Conduct. The association took similar legal action against the a previous version of the bill last year. That version was ultimately amended by lawmakers because of its questionable constitutionality. Albany County District Attorney David Soares, the association's president, said the newest version of the law is similarly flawed, and intrudes on core law enforcement functions. “In essence, the new bill is just another political stunt, with no hope of surviving judicial scrutiny. Although we offered to work together with the Legislature on a lawful set of reforms, our offer fell on deaf ears,” Soares said. Under the new law, the governor, members of the Legislature, and the state's Chief Judge would appoint individuals to an 11-member panel that would review complaints of misconduct against prosecutors. Supporters of the commission have argued that it would provide stronger oversight over the state’s district attorneys, and prevent wrongful convictions. Read the full story in the New York Law Journal.