Prosecutors sue over misconduct panel

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By DAVID KLEPPER, Associated Press

ALBANY, N.Y. (AP) — In New York state government news, district attorneys are challenging a new law creating a commission on prosecutorial misconduct.

The law was passed earlier this year to give the public a new way of stopping prosecutors who abuse their power. But the District Attorneys’ Association of the State of New York says in a lawsuit that the law unfairly interferes with the independence of elected prosecutors.

The legislation creates the nation’s first-of-its kind commission to investigate prosecutors who violate the standards of their office. The 11-member panel will be appointed by the governor, Legislature and New York’s chief judge.

The bill passed in June shortly before lawmakers wrapped up their 2018 session. Gov. Andrew Cuomo, a Democrat, signed the bill into law in August. The Innocence Project applauded the governor, saying “too many innocent people have been wrongly convicted as a result of prosecutorial misconduct.”

Prosecutors had threatened to sue, calling it an unconstitutional change to the separation of powers. In its lawsuit, DAASNY argues the law violates the separation of powers by giving the governor, the Legislature and the chief judge too much oversight over the independent offices of district attorneys.

In an announcement of the lawsuit, the group noted that a review of the legislation by the state Attorney General’s office cited numerous flaws in the way the law was written.

“Despite being warned of numerous fundamental problems by DAASNY, the Legislature chose to pass a flagrantly unconstitutional statute. Sadly, the governor compounded that error by signing it into law,” said Albany County DA David Soares, DAASNY’s current president. “This law threatens the independence of district attorneys, alters the role of our judiciary and intrudes into law enforcement’s performance of its duties while simultaneously violating the due process rights of prosecutors.”

The lawsuit by the District Attorneys’ association is filed against Cuomo and the leaders of the Legislature. So far there’s no official response to the litigation.