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Old 01-20-2020, 05:56 PM
PamM PamM is offline
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Default Prosecutorial Misconduct legislation NYS

I know that the governor created a commission and then NY District Attys pushed back on this. Does anyone know if there is any attempt to pursue this?
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Old 01-20-2020, 06:24 PM
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It was passed & signed into law August 20th, 2018. Here is an article from Nov., 2018:
Quote:
What is the New York Prosecutorial Misconduct Commission?
Quote:
On August 20th, 2018, Governor Cuomo signed into law a bill that created the nation’s first prosecutorial misconduct commission (the “Commission”). Since its inception, the law has elicited strong opposition from prosecutors and prosecutorial groups and equally fervent advocacy among members of the New York defense bar and other supporters. Supporters claim that the law is an invaluable tool in the fight against unethical prosecutorial conduct, while opponents such as the District Attorneys Association of the State of New York (“DAASNY”) claim that the law violates both the New York State and U.S. Constitution. On October 17, 2018, DAASNY was joined by David Soares, president of DAASNY representing all district attorneys, and Robert J. Masters, an assistant district attorney in Queens County representing all assistant district attorneys in the state of New York, in filing a legal challenge to the law. The complaint, filed in the Albany County Supreme Court, seeks declaratory as well as injunctive relief.


https://www.law.columbia.edu/sites/d...commission.pdf

and info on the changes made to the Commission from March 2019:

NY Gov. Cuomo OKs Fix to Prosecutorial Misconduct Commission

ALBANY, N.Y. (AP) — New York Gov. Andrew Cuomo has signed legislation making changes to a new commission that investigates prosecutorial misconduct.

The bill signed by the Democratic executive on Wednesday tweaks a law passed last year that created the panel.

Prosecutors had challenged the law, arguing that it violated the separation of powers by giving the commission too much oversight over elected district attorneys.

https://www.usnews.com/news/best-sta...uct-commission
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Old 01-20-2020, 06:50 PM
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Thanks so much!
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