State prosecutors: New evidence rules straining system | News, Sports, Jobs

ALBANY — A revised state law dealing with the handling of evidence in criminal cases is straining the resources of county prosecutors, say representatives of the District Attorneys Association of New York State.

Controversial changes to New York’s bail statutes have dominated the criminal justice debate in recent months.

But prosecutors argue the Legislature will also need to consider beefing up financial support for their offices to comply with new responsibilities in the discovery law dealing with expeditious transfer of files and evidence to defense lawyers.

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Discovery law

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The discovery law was revised in 2019, with lawmakers saying they wanted to bring about a criminal justice system that is fairer for those facing criminal charges.

Now, the number of documents and files that prosecutors must hand over to defense lawyers within five weeks of an arraignment is at least 20 times more than what had to be released in 2019, according to Washington County District Attorney Anthony Jordan, the association’s president.

“As you might guess, every district attorney’s office requires significantly more staff, both legal and support staff, to deal with that increased volume of discovery,” Jordan told lawmakers at a hearing dealing with the public protection segment of Gov. Kathy Hochul’s $216 billion proposed state budget.

The duties include reviewing and redacting medical records, reviewing video footage to blur out license plates and faces of bystanders and hiring and training additional staff to prepare the evidence. Many counties simply lack the resources to pay for these added responsibilities, Jordan said.

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Pandemic slowdown

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The pandemic triggered a slowdown in courthouse activity, easing some of the pressure on prosecutors to produce discovery packages, he acknowledged. But as prosecutors return to covering arraignments and other court appearances, the district attorneys need “ongoing, significant and permanent funding” in the next budget agreement, Jordan stressed.

Earlier at the forum, New York’s chief administrative judge, Lawrence Marks, was peppered with questions attempting to get his views as to whether judges should have discretion to jail defendants appearing before them based on “dangerousness” considerations.

New York, as the result of recent bail law changes, is the only state in the nation where judges are prevented from considering risks to public safety when setting bail.

Marks acknowledged that judges as a group favor having more discretion in bail matters. He also said judges generally believe they can make those decisions “fairly and effectively.”

But he expressed reluctance to give his own opinion on the matter.

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Hybrid courts

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The bail issue has again moved to the front burner in the criminal justice policy debate following comments from newly-elected New York City Mayor Eric Adams that the Legislature should restore the ability of judges to remand defendants whose release they think would endanger the public.

Marks also suggested in his testimony that so-called hybrid courts — intertwining virtual with in-person proceedings — will continue in New York after the pandemic has ended.

Keeping a lid on the number of people in courthouses has helped curb what at times resembled “cattle calls,” he said.