Daniel R. Alonso Profile picture
Former fed & NYS prosecutor and occasional commentator. Civil & crim litigator. Adjunct Prof @CornellLaw. Views my own, this isn't legal advice. RT ≠ E 🇺🇸🇦🇷

Oct 17, 2018, 5 tweets

Short Thread: #NYS DA's Ass'n (DAASNY) 7 reasons why Commission on Prosecutorial Conduct is unconstitutional:
A. Interferes with prosecutor independence and DA core functions
B. Violates separation of powers
C. Expands powers of @NYCourtsCOA
D. Gives judges non-judicial duty
1/5

E. Intrudes on exclusive jurisdiction of Appellate Division in atty discipline cases
F. Fails to provide standards, so violates due process; singles out prosecutors, so violates equal protection
G. Operates outside permitted 20 state departments
2/5

Here's a quote in the DAASNY lawsuit from the memo from @andrewcuomo approving final bill:
3/5

Bottom line: this is a #RuleOfLaw issue and the commission should not stand because it violates the #NYS Constitution. But . . .
4/5

In any event, as I argued in this op-ed, notwithstanding the support by a lot of well-meaning people, the bill to create the Commission on Prosecutorial Conduct is bad public policy. nydn.us/2MaGa1K
5/5

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