District Attorneys Association Files Lawsuit to Block Prosecutorial Conduct Commission

October 22nd, 2018

Last Wednesday, the District Attorneys Association of New York (DAASNY) and some individual prosecutors filed a lawsuit that challenges the constitutionality of a new law that creates a special commission to investigate claims of prosecutorial misconduct.

The complaint argues that the new law, which does not go into effect until January, violates the separation of powers between the three branches of state government by giving the Legislature and Court of Appeals power over district attorneys, who are executive officials.  DAASNY is seeking a preliminary injunction against the legislation while the court determines its constitutionality.

State lawmakers have said that they will make “chapter amendments” to the new law in January to address some of the constitutional concerns previously raised, but no language has been made available. DAASNY argues that that even if changes are made to the new law, several parts of it will still violate the state constitution.