Sen. Jamaal Bailey believes the latest version of a prosecutorial conduct commission – as designed by recently signed legislation – addresses the constitutional questions that led to the previous incarnation being struck down by a state judge last year.
The Bronx Democrat, who sponsored the bill, told The Capitol Pressroom that the commission’s role has been updated to primarily consist of “fact finding” and making referring its findings to the appropriate attorney grievance committee.
“We wanted something that would be able to – which we believe will – pass any test with judicial scrutiny,” Bailey said.
It remains to be seen whether the law will stand up to judicial muster, as the District Attorneys Association of the State of New York, which urged Gov. Andrew Cuomo to veto the bill, could bring a legal challenge.
One of the concerns raised by DAASNY is the scope of the commission, which will not cover prosecutors in the state attorney general’s office. Bailey responded that those attorneys are working under the attorney general’s office, while district attorneys operate essentially without a boss.