The wrongfully convicted, criminal defender association, civil rights advocates rejoice.
They have "won".
Of course, nobody in New York State legislature (where legislators are predominantly attorneys whose licenses and livelihoods are controlled by a different branch of the government, courts, talking about "checks and balances") dared to go at the core problem that makes prosecutorial misconduct possible - judicial and prosecutorial immunity given by judges to themselves and to the only people who can hold them criminally accountable, prosecutors.
And, nobody looked at the fact that, naturally, judges would not discipline prosecutors - because otherwise prosecutors will start turning judges for corruption and violation of constitutional rights of litigants into criminal grand juries - or call in the FBI, after all, it is a federal criminal offense, and New York courts have a "concurrent" jurisdiction on federal issues.
The created Commission has the exact same flaws that the Commission upon which it is modeled, the New York State Commission for Judicial Conduct:
- conflicts of interest in appointment of members;
- secrecy in operation;
- lack of standing for complainants to appeal dismissed meritorious complaints.
The judiciary created for prosecutors and for themselves "absolute immunity", a de facto permission to violate that same U.S. Constitution, the oath to uphold which was the condition for them to take office in the first place.
Of course, for that, you did not have to pay millions of dollars of your hard-earned taxpayer money for yet another secretive - and useless for you - government entity.