Governor Signs Prosecutorial Conduct Chapter Amendment

April 1st, 2019

Governor Cuomo signed into law a chapter amendment to the prosecutorial conduct commission. The original bill passed last year and was signed by the Governor (Chapter 202 of the laws of 2018) with an approval message indicating that the Governor expected to work with the Legislature to address certain constitutional issues identified by the Attorney General’s office via a chapter amendment. The chapter amendment changes the manner by which commissioners are appointed to the commission, amends the bases upon which a claim of misconduct can be investigated, and revises the procedure for making public and appealing determinations made by the commission. Despite signing the chapter amendment and agreeing with general purpose of the bill, the Governor suggested in his approval memo that he had sought further changes in order to clarify and avoid inevitable legal challenges. The Governor said, however, that he was unable to get the legislature to agree to additional changes.