New York Creates Commission on Prosecutor Conduct

7 Pages Posted: 6 Jan 2020

See all articles by Peter A. Joy

Peter A. Joy

Washington University in St. Louis - School of Law

Kevin C. McMunigal

Case Western Reserve University School of Law

Date Written: December 2, 2019

Abstract

New York recently became the first and, so far, only state in the country to create a commission to review claims of misconduct by prosecutors in the 62 district attorneys’ offices throughout the state. Officially termed the Commission on Prosecutorial Conduct, it has been and continues to be controversial. Many have called for establishment of such a commission, as did the New York Times in an August 15, 2018, editorial titled “Prosecutors Need a Watchdog.” But it is has drawn strong opposition from the District Attorneys Association of New York, which has filed a pending lawsuit challenging its constitutionality. In this column, we describe the Commission’s composition, jurisdiction, and powers and provide an overview of the arguments surrounding it.

Keywords: ethics, professional responsibility, prosecutor, prosecutorial

JEL Classification: K10, K20, K40

Suggested Citation

Joy, Peter A. and McMunigal, Kevin C., New York Creates Commission on Prosecutor Conduct (December 2, 2019). 34 Criminal Justice 62 (Fall 2019); Washington University in St. Louis Legal Studies Research Paper No. 19-12-02. Available at SSRN: https://ssrn.com/abstract=3497840 or http://dx.doi.org/10.2139/ssrn.3497840

Peter A. Joy (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
313-935-6445 (Phone)

Kevin C. McMunigal

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
2163683613 (Phone)
2163682086 (Fax)

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