Courts and Law Brooklyn Boro

Chief Judge DiFiore implements new measures in criminal cases

November 9, 2017 By Rob Abruzzese, Legal Editor Brooklyn Daily Eagle
Chief Judge Janet DiFiore announced new measures to help avoid wrongful convictions in New York state. Eagle file photo by Rob Abruzzese
Chief Judge Janet DiFiore announced new measures to help avoid wrongful convictions in New York state. Eagle file photo by Rob Abruzzese
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The New York courts are stepping up their effort to prevent wrongful convictions through a program that will affect criminal cases, Chief Judge Janet DiFiore announced on Wednesday.

The new rules will require judges presiding over criminal trials to issue an order notifying and reminding prosecutors and defense attorneys of their duties to the court.

This includes orders to prosecutors responsible for the case to timely disclose exculpatory evidence favorable to the accused, which is also known as “Brady material,” in reference to the landmark U.S. Supreme Court decision Brady v. Maryland.

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Prosecutors are required by federal and state law and ethics rules to turn over all Brady material, which makes New York the first state in the country to implement and require such a measure statewide.

“This newly adopted measure will go a long way to help prevent and remedy systemic errors that contribute to wrongful convictions, acting as a consistent reminder to prosecutors and defense attorneys of their respective — and critically important — roles in the fair administration of justice,” DiFiore said.

The order specifically references exactly which types of material that could be required for disclosure, including “information that impeaches the credibility of witnesses, exculpates or reduces the degree of the defense, or mitigates the degree of the defendant’s culpability or punishment.”

The order also outlines requirements for defense counsel including their obligation to provide “constitutionally effective representation in the case, such as keeping the client informed about the case, providing reasonable advice regarding any plea offers and performing a reasonable investigation of both the facts and law pertinent to the case.”

This does not change any existing laws, but the goal is to educate inexperienced prosecutors and defense attorneys and remind the experienced ones of their ethical duties.

The order is modeled after the NYS Justice Task Force’s recommendations. The Justice Task Force recently concluded a study and published a report outlining serious concerns within the justice system. The report determined that Brady violations and ineffective defense attorneys are two things that undermined fairness and reliability within the system.

“The statewide application of these directives will serve to promote the quality of justice in New York, increasing judges’ ability to ensure that prosecutors and criminal defense attorneys appearing before them have a clear, thorough understanding of their legal and ethical obligations,” said Hon. Lawrence K. Marks, chief administrative judge of the courts.


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