In a collective move that underscores pressing concerns over the current state of New York City's criminal justice system, all five NYC district attorneys have joined forces in a public call for legislative adjustments to the state's discovery laws. Manhattan DA Alvin L. Bragg, Jr., Bronx DA Darcel D. Clark, Brooklyn DA Eric Gonzalez, Queens DA Melinda Katz, and Staten Island DA Michael E. McMahon contributed to an op-ed featured in the Times Union advocating for changes proposed by Governor Kathy Hochul.
According to the prosecutors, since the implementation of the laws in 2020, the city has witnessed a significant uptick in case dismissals, with misdemeanors seeing a 51% increase and felonies a 57% increase. Delaying resolutions, these prosecutors argue, are the minor technical grounds which thousands of cases have been dismissed on, contributing to growing public distrust in the judicial process and possible exacerbations to public safety concerns.
In illustrating the practical consequences of the existing statutory framework, the DAs highlighted several non-hypothetical situations. "A domestic violence survivor may lose access to an order of protection, leaving them vulnerable to further abuse. An immigrant victim of human trafficking may be denied the ability to apply for a U-visa and stay in the country safely. Survivors of sexual assault may see their cases dismissed on a technicality, forcing them to live without closure or justice," they detailed in the op-ed, according to the Manhattan District Attorney's Office.
The prosecutors have made their position clear, focusing on what they consider as misconceptions. They state that their push for amendment is not an attempt to revert to older, more restrictive practices where disclosures could be delayed until trial's eve. Echoing Governor Hochul, the DAs emphasized the proposal is meant to fine-tune the laws so that defendants obtain the necessary materials for their defense, however at the same time creating protection for victims' rights and reducing delays—ensuring justice is served on time.
Concluding their collaborative stance, the five district attorneys reiterated their call to the state Legislature to pass the governor's amendments, claiming that doing so would maintain New York's position having a highly open and transparent discovery system while enhancing efficiency and fairness for all involved parties, as detailed by the Manhattan District Attorney's Office. This move, they argue, would be in line with a justice system that serves "victims, communities, and defendants" with the dignity they deserve.
