PROSECUTORIAL OMBUDSMAN

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Prosecutorial misconduct is antithetical to the District Attorney’s obligation to the community, precludes justice, and undermines trust in the system. It jeopardizes the safety of everyone. The Prosecutorial misconduct is antithetical to the District Attorney’s obligation to the community, precludes justice, undermines trust in the system, and ultimately jeopardizes the safety of everyone. The Manhattan District Attorney’s Office currently handles such allegations on an ad hoc and opaque basis. As District Attorney, Lucy will establish the position of Prosecutorial Ombudsman and appoint an independent lawyer to the position.

The Prosecutorial Ombudsman will create a consistent and transparent process for receiving, reviewing, and appropriately addressing allegations of misconduct, including anonymous allegations, whether they come from defense attorneys, judges, crime victims, people charged with crimes, other agencies, or fellow ADAs or District Attorney’s Office staff. The Ombudsman will also be responsible for investigating such allegations. The attorney appointed as Prosecutorial Ombudsman — whose name and contact information will be publicized — will establish a simple and secure method for lodging complaints.

Lucy will empower the Prosecutorial Ombudsman to:

  • Investigate allegations of prosecutorial misconduct lodged against any lawyer in the District Attorney’s Office, including the District Attorney and her senior staff.

  • Issue reports on any matter referred to the Office, in compliance with governing law and ethical standards. The issuance of such reports will be in the discretion of the Prosecutorial Ombudsman and will not require District Attorney review or approval.

  • Lodge ethics complaints with the New York State Bar Association.

  • Refer individual lawyers to the District Attorney for discipline or dismissal.