The Commission for Prosecutorial Conduct was supposed to start working on January 1, 2019.
I did express my initial opinion regarding the prospects of this new body for delivering justice and accountability against prosecutors who have caused wrongful convictions in the past and to prevent wrongful convictions in the present and the future.
Nonetheless, the DA's State Association got upset even with the toothless tiger which the Commission appears to be - based on the fact that it was copied from the Commission for Judicial Conduct which, as anybody who has sent complaints to that commission, together with evidence of judicial misconduct, knows - is only a glorified shredder, ridden with irreconcilable conflicts of interest, lacking the necessary budget to do its work properly and refusing to even conduct investigations of the vast majority of complaints, even if complaints are based on irrefutable documentary evidence.
When people get upset, they often make mistakes and reveal what they do not really want to reveal about their work.
In this respect, the New York State DA Association's lawsuit (verified complaint), available, in full, here, is a dead giveaway of what is the system of accountability of judges, prosecutors and attorneys in general - while pointing out certain flaws of law governing creation and operation of the Commission, the DA Associations attorneys, James Walden and Jacob Gardener, of Walden, Mach & Haran LLP, did their clients a huge disservice, practically shooting them in the foot with their "constitutional" arguments.
Note that the DA's Association is currently headed by the Albany County DA David Soares, one of just three prosecutors disciplined by the judiciary over the last 40 years in the State of New York, the other two are women (even though the majority of DAs are men), two out of three are punished for criticizing the regulator (the judiciary) and the last one was disciplined when the legislation regarding creation of the Commission against Prosecutorial Conduct was well under way - a sort of a PR-move by courts indicating that no, they do perform their "duties" in disciplining prosecutors, so a separate Commission for Prosecutorial Conduct is not necessary, even though New York has a record number of wrongful convictions and exonerations (while the judiciary is in no hurry to conduct investigations into prosecutors who prosecuted cases that resulted in wrongful convictions).
The lawsuit of the New York State District Attorneys' Association is a 28-page document packed with inconsistencies so bad and so damning for the system of attorney regulation as a whole that I will have to go step by step and publish my analysis in portions, addressing the document issue-by-issue.
This portion is going to be dedicated to attorneys who represent the New York State DA's Association in its lawsuit against the State of New York and its Legislature.
As I mentioned above, the lawsuit is signed by two people - the first namesake partner of Walden, Macht & Haran LLP, a supposedly 100-year-old law firm from New York City boasting experience in the following areas of litigation:
Note that among the areas of law where the law firm boasts experience it does not list the following areas:
- constitutional law;
- civil rights;
- occupational regulation/licensing;
- attorney regulation/licensing.
The Commission on Prosecutorial Conduct was created BECUASE there were so many wrongful convictions in New York, specifically, to investigate what were the causes of those wrongful convictions.
As part of that Task Force, he may have been privy, as an INVESTIGATOR, to information regarding members of the DA's New York State Association, their role in causing wrongful convictions.
Here is what the Task Force in which Jacob Gardener participated stated on its official webpage as its mission:
So - here is the first "hero", attorney Jacob Gardener representing the DA's Association of the State of New York in its lawsuit seeking to enjoin the State of New York from establishing the Commission for Prosecutorial Conduct, after having worked for the New York State Task Force having a mission to "identify recurring patterns and practicing" leading to wrongful convictions.
Of course, the Task Force is led by Chief Judge DiFiore, who, upon my personal knowledge, was diligently drumming up wrongful convictions by employing certain very much identifiable "patterns and practices" of which I have written before and testified (in writing, since oral testimony was not allowed) to the New York State Legislature, trying to prevent her appointment as the Chief Judge of the State.
So, the Task Force, headed by one of the causes of wrongful convictions in New York, is a stillborn venture.
By the way, DiFiore is given certain authorities in discipline and/or removal of prosecutors and Jacob Gardener is now trying to prevent DiFiore from having, a nice tangle, isn't it?
It gets nicer though.
But - here is the smiley face of Jacob Gardener.