Awaiting the Governor's Signature

In July 2017, the Common Council passed a resolution calling for the New York State Legislature to pass S.2412B/A.5285A to create an independent New York State Commission on Prosecutorial Conduct "specifically designed to investigate complaints of misconduct by prosecutors and impose discipline on prosecutors who violate the law." The issue and the resolution was introduced to the Council by Second Ward alderman Tiffany Garriga.

Creating a Commission on Prosecutorial Conduct would allow a fair procedure for the public to voice concerns regarding improper prosecution, lack of prosecution, and selective prosecution. Specifically, the commission would:

• receive complaints and initiate their own investigation when it appears prosecutorial misconduct may have occurred;
• ensure the right to a fair trial by enforcing the obligation of prosecutors to observe acceptable standards of conduct and to establish accountability for the conduct of prosecutors during the performance of their functions, powers, and duties;
• allow citizens to voice their concerns over improper prosecution and have the ability to discipline a prosecutor or allow him or her to clear their name of wrongdoing.

In June 2018, the legislation was passed overwhelmingly in the State Senate and the Assembly, and it is now on the governor's desk awaiting his signature. He has until Monday night to sign the legislation. On Tuesday, the editorial board of the New York Times urged the governor to do so: "Prosecutors Need a Watchdog." In the editorial, it is noted that "A review of 250 exonerations in New York since 1989 found that one-third involved prosecutorial misconduct, like tampering with key evidence, withholding evidence from the defendant or coercing a witness to give false testimony." The editorial concludes:

Mr. Cuomo has made criminal-justice reform a signature of his long career in public service; as governor he's overseen the shuttering of more than a dozen prisons and restored voting rights to tens of thousands of New Yorkers on parole. He knows as well as anyone that prosecutorial misconduct is a serious and stubborn problem that has largely defied solution. By signing this bill, he would move New York in the right direction, as well as set an important example for the rest of the nation.

In a press release received yesterday from the coalition called "It Could Happen to You," Garriga is quoted as saying: "Legislation that would be first in the nation, legislation that is a model for the rest of the country. Yes, I believe the governor wants to be on the right side of history."
COPYRIGHT 2018 CAROLE OSTERINK