Patrick Swanson
ALBANY – New York’s district attorneys plan to challenge a new law signed by Gov. Andrew Cuomo that will create a commission to investigate alleged wrongdoing by prosecutors.
Cuomo signed a bill Monday establishing the state Commission on Prosecutorial Conduct, which will be tasked with reviewing and investigating complaints lodged against district attorneys and their prosecutors across the state.
The new law means New York will be the first state to have a statewide panel to deal with prosecutorial conduct complaints.
But Cuomo’s signing of the bill angered the state’s district attorneys, who have maintained the bill violates the separation of powers among the three branches of government.
In a statement, the state District Attorneys Association, including Chautauqua County District Attorney Patrick Swanson, vowed to file a lawsuit claiming the new law violates the state Constitution.
“I am deeply concerned that the Governor has chosen to sign into law legislation creating a Commission on Prosecutorial Conduct,” Swanson said in a media release. “Analysis of the legislation reveals numerous constitutional issues and it is plagued by many practical flaws. I will join with my colleagues in the District Attorney’s Association of New York to vigorously support coming litigation made necessary to rectify this ill-advised legislation.”
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