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Cuomo signs prosecutorial misconduct commission bill; ex-SLC DA Rain cited as example of need

Posted 8/21/18

By JIMMY LAWTON A bill that would create a disciplinary commission to review complaints of misconduct by prosecutors has passed been signed by the governor. The legislation was strongly supported by …

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Cuomo signs prosecutorial misconduct commission bill; ex-SLC DA Rain cited as example of need

Posted

By JIMMY LAWTON

A bill that would create a disciplinary commission to review complaints of misconduct by prosecutors has passed been signed by the governor.

The legislation was strongly supported by several St. Lawrence County officials and regional state representatives. The new law will allow for the creation of a commission on prosecutorial conduct to serve as a disciplinary entity designated to review complaints of misconduct by prosecutors.

The bill grew support in the wake of former District Attorney Mary Rain, who had several complaints filed against her, but was able to finish her term and continue serving as chief prosecutor despite the issues. She was suspended from practicing law, but not until months after she had vacated the position.

While Rain’s troubled tenure as St. Lawrence County district attorney isn’t what prompted Sen. John DeFrancisco, R-Syracuse, to put the bill forward, has said it’s a prime example of why such a committee is needed.

In a past interview DeFrancisco said that the committee would be able to confirm or dispel allegations against district attorneys more swiftly than current processes allow.

Assemblywoman Addie Jenne, D-Theresa, also supported the legislation.

“Creating a commission on prosecutorial conduct will bring responsible and transparent oversight to the world of criminal prosecutions. The commission will act as a check on the power of prosecutors in New York through the creation of a system for grievances to be heard, investigated, and dealt with fairly,” she said in a past interview. “I am supporting this legislation because I believe clarifying the process by which prosecutors are held responsible for their conduct in office will ensure New Yorkers will continue to have confidence in our justice system.”

The commission will enforce the “obligation of prosecutors” to observe acceptable standards of conduct, and establish reasonable accountability for the conduct of prosecutors during the performance of their functions, powers and duties as prosecutors. The oversight committee would be modeled after a similar system put in place to keep judges in check.

DeFrancisco has said prosecutors have always lacked oversight, much like judges did prior to legislation passed in the 1970s.

The bill was opposed by the New York State District Attorneys Association, which says willful prosecutorial misconduct is rare and systems of oversight are already in place.