NCLAS Joins With Other Defenders to Protect Discovery Reform in New York State

Governor Hochul delivered her State of the State address yesterday afternoon.  In her comments, the Governor announced her intention to seek  significant rollbacks of the discovery reforms defenders worked so hard to achieve in 2020.   In particular, the Governor, with the support of NYC Mayor Adams and  the District Attorney’s Association of New York (DASNY) are urging the State Legislature to eliminate the essential remedy of sanctions for a prosecutor’s non-compliance with their discovery obligations, blaming (without truthful data) that serious crimes are being dismissed or not being prosecuted because of the burdens on District Attorney’s to provide discovery in a timely manner.  The elimination of serious consequences for a prosecutor’s non-compliance (i.e. speedy trial dismissals),  will seriously undermine the impact of the law which benefits our clients and the administration of criminal justice in New York State.

In anticipation of the Governor’s proposals, numerous public defense groups, including the Nassau County Legal Aid Society, launched the "Alliance to Protect Kalief's Law".  https://www.law360.com/articles/2283548.  Our statewide coalition will continue the fight the Governor’s attempt to amend the discovery laws possibly reverting the criminal justice system back to an era, not too long ago, when New York had one of the most restrictive discovery laws in the nation which resulted in wrongful convictions, delayed cases, fueled mass incarceration and unjustly forced clients to make uninformed decisions.  Our office is actively engaged with the Alliance, and  working with our defender colleagues, we will do whatever must be done to ensure the discovery reforms we worked so hard to achieve, and which are so impactful to our clients and our practice are fully protected.