- The Governor de facto rescinded the law about creation of the Commission for Prosecutorial Conduct (while the law remained on the books and was not - until this day - rescinded or abolished by the Legislature, the only government body that has authority to do that); and
- that Appellate Divisions (intermediate appellate courts) discharge what prosecutors pointed out as being an executive function of disciplining elected executive officer (prosecutors), including the power of removal - which prosecutors claim belongs only and exclusively to the executive branch of the government, the Governor (and on this, prosecutors are right, since ALL of over 180 licensed professions in New York are regulated by the executive branch, while removal of prosecutors may be, truly, done only by the chief if that branch, the Governor - in accordance with the State Constitution). Why such a preference? Because Appellate Divisions have an unwritten policy never to remove a prosecutor still an office - and never did, in all the history of attorney regulation.
Now, see this:
"The function of judges is to determine controversies between litigants".
So - when judges CREATE LAWS, and POLICIES favoring the government, the various changes to the Civil Rights Act that, taken together has made receiving a legal remedy for violation of a person's constitutional right (which is also a federal crime) practically impossible in the United States - that would be a separation of the "bedrock principle" of separation of powers?
Because judges went outside of their NARROW authority "to determine controversies between litigants" and very well encroach into the area of the Legislature, making law and creating policy for the entire country - like the U.S. Supreme Court does,
hence the circuses over appointments of judges to that court and the lamentations that the court can "change the law" of the country and "undermine democracy" for decades because of appointment of ONE person to that court?
Do prosecutors come together and file any lawsuits challenging usurpation of power by the U.S. Supreme Court?
I know, I know.
But, let's look at point 4 of our little "who's who" in how prosecutorial immunity came into its illegal being.
- no-one is above the law, including government officials;
- there should be a legal remedy for any legal injury, including and especially constitutional violations, violations of civil/human rights - because otherwise the country will inevitably, sooner or later, slide into chaos.
- violating the "bedrock principle" of separation of powers,
- gutting the Civil Rights Act;
- destroying the legal remedy GIVEN to people by the U.S. Constitution and by the U.S. Congress; and
- giving prosecutors a carte-blanche to create as many wrongful convictions as they want?