Dear Governor Cuomo,

As members of the Progressive Caucus of New York City Council, we urge you to sign
A5285-C Perry/S2412D DeFrancisco into law, which would create a Commission on
Prosecutor Conduct.1 Such a Commission, modeled on the State Commission on Judicial
Conduct, would be the first of its kind in the country, relating to prosecutors.2 At a time
of increasing polarization in our country, this piece of legislation has bi-partisan support
in both the State Senate and Assembly, and we ask your office to commit to signing into
law the most substantive criminal justice reform passed in the state this year.
Across the United States there is a growing crisis of confidence in prosecutors as the role
District Attorneys, historically, played in driving mass incarceration has become better
understood by the public.3 The exonerations of wrongfully convicted people have
sometimes exposed egregious misconduct by prosecutors, many of whom remain
working as lawyers today.4 This misconduct includes, among other things, withholding
evidence in violation of Brady v. Maryland,5 ethical violations, and allowing testimony
known to be false to be submitted in service of convictions. While obviously not a new
problem, alarmingly, it appears as though prosecutor misconduct has become more
egregious in recent years. The National Registry of Exonerations found 1,366
exonerations between 1989 and 2012 – a full 40 percent of which were the result of
official misconduct.6
Wrongful convictions and misconduct occur in every state, however only three states
(California, Illinois, Texas) have witnessed more wrongful convictions than New York.
Kings, Bronx, and New York counties are all in the top 10 wrongful conviction counties
in the country. Many of the cases in New York and elsewhere have become very high-
profile with exonerees receiving significant settlements from municipalities to
compensate them for the misconduct of prosecutors. Of course there is no price to justify
the human costs to all parties.
The traditional accountability mechanisms for prosecutors have not curbed bad behavior.
There is not a single prosecutor in recent memory in New York City who has lost their
job as a result of misconduct – and in some cases multiple examples of egregious
misconduct. Disciplinary processes through the legal system have not been effective, nor
has internal disciplinary systems within the various District Attorney offices. Public
officials entrusted with incredible power should be held to the highest of standards.
Instead prosecutors have come to expect that there will be no punishment even following
a judicial finding of egregious misconduct.
It’s clear that the time is right to chart a new course for resolving this problem. The
Commission contemplated in the new law includes several important aspects, including:

1
https://www.nysenate.gov/legislation/bills/2017/a5285/amendment/c
2
https://theintercept.com/2018/06/22/new-york-prosecutorial-misconduct-andrew-cuomo/
3
https://www.nbcnews.com/news/us-news/criminal-justice-reformers-aim-big-targeting-local-da-races-n847436
4
https://law.justia.com/cases/new-york/appellate-division-second-department/2016/2012-02292.html
5
https://supreme.justia.com/cases/federal/us/373/83/case.html
6
http://www.law.umich.edu/special/exoneration/Pages/about.aspx


• Representation from both prosecutors and defense attorneys

• Power to conduct hearings and investigations and to subpoena and question
witnesses under oath
• Ability to secure data from the courts and government bodies
• Public disclosure of rulings with respect to investigations
• Ability to recommend to the Governor the firing of any particular DA

In summation, we believe this is a fair bill that will secure a new level of accountability
and provide the public with a real opportunity to have grievances against prosecutors
heard in a neutral setting, increasing overall confidence in the criminal justice system.
Thus, we hope you will commit to signing this bill as soon as it is presented to you.

The Progressive Caucus of the New York City Council

Council Member Ben Kallos

Co-Chair of the Progressive Caucus Council Member Deborah Rose
Member of the Progressive Caucus

Council Member Jumaane Williams Council Member Daneek Miller

Member of the Progressive Caucus Member of the Progressive Caucus

Council Member Justin Brannan

Council Member Antonio Reynoso
Member of the Progressive Caucus
Member of the Progressive Caucus

Council Member Stephen Levin

Council Member Brad Lander
Member of the Progressive Caucus
Member of the Progressive Caucus

Council Member Carlos Menchaca Council Member Carlina Rivera

Vice-Chair of the Progressive Caucus Member of the Progressive Caucus

Council Member Keith Powers Council Member Alicka Ampry-Samuel

Vice-Chair of the Progressive Caucus Member of the Progressive Caucus