Of course, the whole idea of creating such a Commission posed a question - is that an admission, then, that the system of attorney discipline in the State of New York would not prosecute rogue prosecutors and that attorney discipline in the state is politically selective and politically motivated?
After the creation of the Commission - in January of 2019 - was created in the summer of 2018 by a legislative act, the Governor who has signed that bill into law has been re-elected.
After he has been re-elected, it was revealed to the public that the Commission, the way it was signed into law, was never meant to be, and the Governor did not sign appointments to it come January 2019.
Instead, in the fall of 2018 the state prosecutor's association - as was pre-agreed by players in this "process" of "creating" this Commission - filed a lawsuit challenging constitutionality of the initial bill.
I wrote about that lawsuit extensively here:
The sham of Prosecutoricla Conduct Commission in New York, Part 8, one more "good violation" of the "bedrock principle" of separation of powers
Part IX is here. - The New York prosecutor's lawsuit - a selective approach to infringments upon prosecutorial discretion.
Now, the amendments to the bill have passed both chambers of the New York legislature and went to the Governor for signature.
And, sadly, now that the bill - a very bad bill, as I will show further - has hit Cuomo's desk, Jeffrey Deskovic, a 3rd-year Pace Law School student, a soon-to-be lawyer who has been exonerated and paid a large settlement after serving 16 years in prison for rape and murder that he did not commit, and is currently trying to build his future career as a lawyer by capitalizing on his exoneration from a wrongful conviction, while giving CLE lectures to judges, prosecutors and the police - those same people who drum up wrongful convictions, rubbing shoulders with top state public officials and running various shows - has recently posted an appeal to his supporters asking them to support amendments to the Commission for prosecutorial conduct.
The amendments have already passed the New York State Legislature, both the Senate and the Assembly,
and there is no way - not after the amendments gave Cuomo and his friend-in-crime Chief Judge DiFiore a supermajority of appointees on the Commission - that Cuomo will not sign those amendments, so it is just a matter of time, and I do not even understand why Deskovic asked his supporters to call the Governor's office and urge him to sign it. He will anyway.
But, since Deskovic did issue such a call to his supporters to support these amendments, I actually read them - and am calling upon people to call the Governor and urge him NOT to sign the amendments, at least as a matter of principle - since we know that Cuomo will definitely sign the bill, as an assertion of power and one more act of self-aggrandizing that Cuomo loves so much.
They are very, very, very bad.
Here are several points that I have made to Jeffrey Deskovic - and he has actually answered them, so I will be posting my points, his answers and my responses to those answers, as his answers provide interesting revelations about how and for what real, not declarative, goals, were the amendments passed and the Commission put into being.
Here are my points - why these amendments SHOULD NOT be passed into law.