Lawsuit Over District Attorney Oversight Commission Put on Hold

December 17th, 2018

Gov. Cuomo, state legislative leaders and the state’s District Attorney’s Association have agreed to delay the establishment of a commission that was enacted to investigate misconduct by prosecutors and would otherwise become effective on January 1, 2019.

The District Attorneys Association of the State of New York (DAASNY) filed lawsuit in October challenging the law, arguing that it “intrudes into law enforcement’s performance of its duties while simultaneously violating the due process rights of prosecutors.”

The Governor acknowledged, when he signed the bill, that it is legally flawed.  But he said that its defects could be remedied by the Legislature when it returns to Albany in January.

Under the agreement pausing the litigation, the state defendants are required to keep the district attorneys apprised of any changes to the law.  If the law is not amended by June 30, the original lawsuit will go forward.