A settlement between New York district attorney’s and the state has killed a criminal justice reform measure that would have created an independent body to investigate bad prosecutors. The District Attorneys Association of the State of New York sued in October over the legislation, which it argued violated the State Constitution.
Under the agreement both the law suit and the creation of the panel are on hold, with the state prohibited from making appointments to the commission. In lay terms the legislation is frozen in place and will not take effect Jan. 1st. Should the legislature or the governor not react to this change, the litigation will proceed.
Gov. Cuomo himself has acknowledged problems with the bill saying, even as he signed it in August, that it would require amendment. Prosecutors have argued the bill violates the separation of power clause in the Constitution because its 11 participants would be appointed by the Legislature, which is prohibited from overseeing prosecutions.
From the Daily News December 12, 2018