The District Attorneys Association of New York (DAASNY) filed a motion for preliminary injunction on Monday against a prosecutorial oversight committee—another step in the group’s fight against the legislation that creates it, signed by Governor Andrew Cuomo last Wednesday.
The DAASNY has been staunchly opposed to the parameters of the commission, arguing it interferes with the discretion of each prosecutor’s own offices and needs and that it is unconstitutional.
DAASNY filed an original complaint against Cuomo and the leaders of both state legislative chambers in October, challenging the constitutionality of the law and the commission. Cuomo further corrected some challenges, but the DAASNY still opposes the bill, arguing that it still contains New York Constitutional flaws and gave the governor too much power, therefore violating the separation of powers, with more appointments to seats on the commission than any other office or governmental body.
The commission will review potential misconduct of state prosecutors and impose necessary sanctions. The panel can subpoena witnesses and ask for relevant records to conduct its investigation. Upon a finding of misconduct, prosecutors can be sanctioned ranging from public censure to being removed by the governor. Prosecutors will also be able to challenge the panel’s decisions on an appeal to the Appellate Division of New York’s Supreme Court.