Disagreements between New York Gov. Kathy Hochul and state Democrats over her proposal to change existing discovery laws is stalling state budget talks.
The budget is due on April 1, but lawmakers say they are unlikely to come to agreement by then because of the discovery proposal.
Hochul wants New York to loosen requirements for prosecutors when they share evidence with defense lawyers during the pre-trial discovery process in criminal cases. She says current laws, enacted in 2020 as part of a slate of criminal justice reforms, led to a spike in cases being dismissed because the discovery standards were too demanding on prosecutors.
Hochul’s proposal has drawn support from Rev. Al Sharpton and other clergy members, domestic violence survivor groups, members of the state Republican caucus, and Congressional representatives such as Dan Goldman, Ritchie Torres and Laura Gillen.
Lawmakers are “in conceptual agreement” that the state must ensure criminal cases are not dismissed on technicalities and that defendants have access to evidence to inform their defense, said Assembly Speaker Carl Heastie, D-Bronx. But he was waiting on a written proposal from Hochul’s office that members could review.
“Things are kind of at a standstill,” Heastie said on Thursday. “We’ll pick it back up next week.”
Legislators “want to be invested in this process," Heastie continued, “and at some point, you’ve got to talk to members about actual language.”
And when it comes to language, Heastie’s conference is concerned about one word in Hochul’s proposal: “relevant.”
Avi Small, a spokesperson for Hochul, said talks for the budget will continue over the coming days.
"Governor Hochul continues to stand firm on her key priorities as she negotiates in good faith with the Senate and Assembly to pass a budget that makes New York safer and more affordable," Small wrote in a statement.
Hochul’s proposal would require prosecutors to only share evidence that’s “relevant” -- rather than what is “related,” as current state law requires. But defense lawyers and some lawmakers worry that gives prosecutors more leeway to withhold information from the defense.
“My concern is having (district attorneys) be the sole arbiters of what matters in the case” Heastie said. “And I think we've had some conceptual agreements on how to handle that.”
At a rally of lawmakers and advocates calling to protect the current laws on discovery, Assemblymember Latrice Walker, D-Brooklyn, said prosecutors should not have the power to decide what evidence is relevant to a case.
“We do not believe that someone who is biased in the outcome of a case should be the person,” she said.
Walker advocated for and helped write the changes to the state’s discovery laws that took effect in 2020. She is working with Gabriella Romero, D-Albany, to propose language that would codify already-existing case law that asserts judges will not dismiss cases on technicalities, and that they won’t hold prosecutors to a “perfect” standard for collecting evidence.
“That would be a compromise, and I think that would be something we're putting on the table with leadership right now,” Romero said.
Walker also proposed the state increase funding to ensure prosecutors have enough resources to gather evidence in a timely manner, and that the state establish an online portal to keep evidence.
“If there was a tool, a discovery tool, that would allow for the defense attorneys, police department and prosecutors to be on the same platform, so that in real time, all of this information is shared to the individual or individuals that it's intended to be shared with, I am happy,” Walker said.
