District attorneys want Commission on Prosecutorial Conduct ruled unconstitutional

ALBANY – The District Attorneys Association of the State of New York has filed a legal challenge to a law that would create a Commission on Prosecutorial Conduct and filed a motion for summary judgment.

Orange County DA David Hoovler, president of the organization, said the law is rife with inconsistencies.

“We are moving for summary judgment on certain grounds, particularly that the Prosecutorial Conduct Commission violates the law under separation of powers theory as well as equal protection, as well as several other theories and we believe this will have a positive outcome in our favor,” Hoovler said.

The DA’s association maintains the law denies them equal protection of the law by subjecting them to a disciplinary regime that is procedurally inferior to the one governing all other prosecutors and attorneys.

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