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Monday, August 20, 2018

New York State to establish nation's first commission on prosecutorial conduct

Governor Andrew M. Cuomo today signed legislation (S.2412-D/A.5285-C) establishing the nation's first State Commission on Prosecutorial Conduct. The Commission will review and investigate prosecutorial conduct to address allegations of misconduct which lead to among other things including malicious prosecutions and wrongful convictions, frequently impacting people of color and marginalized communities. By avoiding wrongful convictions and associated retrial costs and settlements, the Commission will save taxpayers money. 
 
"Our criminal justice system must fairly convict the guilty and exonerate the innocent," Governor Cuomo said. "When any prosecutor consciously disregards that fundamental duty, communities suffer and lose faith in the system, and they must have a forum to be heard and seek justice. This first-in-the-nation Commission will serve to give New Yorkers comfort that there is a system of checks and balances in the criminal justice system, and to root out any potential abuses of power to ensure that our justice system is just for all New Yorkers."
  
Senator John DeFrancisco said, "There have been many cases of individuals who've been wrongfully convicted and who've served jail time because of the misconduct of some prosecutors. Despite the good work of most prosecutors, there must be a remedy against those who violate the law. This prosecutorial conduct commission legislation, signed by the Governor today, will provide that remedy and also provide oversight by an independent body, which over time will change the conduct of the wrongdoing of prosecutors, and help to ensure all a fairer criminal justice system."
 
Assemblymember Nick Perry said, "I am extremely happy that New York is finally answering the decades-long call for greater accountability from prosecutors. Lack of oversight has caused irreparable damage to people's lives and reputations through wrongful conviction, prosecutorial bias or other misconduct. This historic legislation will create a truly independent commission to investigate prosecutorial misconduct and will serve to assure New Yorkers that their justice system will treat them fairly and without bias."