Brief filed: 09/03/2019
Soares v. State of New York
Supreme Court of the State of New York, County of Albany; Case No. 906409-18
The legislature, empowered to regulate state prosecutors, may exercise its policy judgment to hold prosecutors accountable for misconduct or otherwise abrogate traditional immunities. Because existing mechanism fail to hold prosecutors accountable for misconduct, it is unsurprising that the legislature concluded the commission is necessary. That prosecutors rarely face accountability for misconduct is a widespread, long-standing, and well-documented problem. The record in New York is no exception, and prosecutors currently escape any accountability for misconduct. The commission will provide accountability that is currently absent.
Anthony S. Barkow, Jenner & Block LLP, New York, NY; Jessica Ring Amunson and Andrew C. Noll, Jenner & Block LLP, Washington, DC; Joel B. Rudin, NACDL, New York, NY; Richard D. Willstatter, NYSACDL, White Plains, NY.