Today, a wide group of New York-based survivor advocacy organizations and community leaders joined together at the Partnership for New York City to call on the State Legislature to pass common-sense amendments to the State’s discovery laws this session. Speakers highlighted the devastating impacts of the current laws, specifically on survivors of domestic violence and sexual violence whose cases have been dismissed and orders of protection have been dropped. District Attorneys from Brooklyn, Queens and Manhattan joined in support and echoed concerns about the damage that a dismissed domestic violence or sexual violence case can cause to a survivor and the community’s trust in the criminal justice system. Together, the group voiced its support for amendments to the discovery statute to be included in this year’s state budget to protect crime victims and communities, while safeguarding the rights of the accused and maintaining New York’s status as the state with the most open and transparent discovery laws in the United States.
Survivor advocacy organizations and community leaders on site included:
- Sanctuary for Families
- Met Council
- WARM
- Help Roads
- Not Another Child
- CAMBA
- Sisters in Purple
- Women’s Justice Now
- Shalom Task Force
- Times Square Alliance
- Manhattan Chamber of Commerce
- Garment District Alliance
- Madison Avenue BID
- West Village Business Improvement District
- Alliance for Downtown New York
- Village Alliance
- Hudson Yards Hells Kitchen Alliance
Hon. Judy Harris Kluger, Chief Executive Officer of Sanctuary for Families said: “We support transparency in the justice system, but the current discovery laws are leading to unjust outcomes — particularly for survivors of domestic and sexual violence. Cases are being dismissed on minor procedural grounds, leaving survivors without protection and offenders without accountability. Governor Hochul’s proposal offers a balanced and necessary correction. The Legislature must act to restore survivors’ faith in the system and ensure they are not left vulnerable to further abuse.”
Nechama Bakst, Managing Director, Social Services, Met Council on Jewish Poverty said: “Met Council provides comprehensive services to survivors of domestic violence, the most important of which is safety planning. Since 2019 when discovery reform was first implemented we have seen an alarming increase in the number of criminal cases against our clients’ abusers dismissed on minor technical discovery violations. When these criminal cases are dismissed on technicalities, so are the related orders of protection that help keep survivors safe. They deserve better. The common-sense reforms proposed by the Governor will help protect survivors of domestic violence and all New Yorkers, while safeguarding the rights of the accused to a fair process and building confidence in our criminal justice system. We applaud the Governor for her work on this proposal and her continued focus on public safety.”
Sonia Ossorio, President of NOW New York said: “It is imperative that Governor Hochul’s proposed changes to discovery rules get through the legislature this session. We have seen the unintended consequences, far too many DV and sex assault cases getting dismissed on technicalities and survivors being left without orders of protections. This is not how the criminal justice system should work. Lives are at stake with each passing day that these reasonable reforms aren’t made.”
Bronx District Attorney Darcel D. Clark said: “Now is the time to support a reasonable compromise on discovery laws in order to prevent a massive number of cases from being dismissed on technicalities. Crime victims must receive justice and defendants must be held accountable as we assess the opportunity to address their needs. I take this stance desiring to protect my community. As long as I stand for crime victims, they will never be relegated to an afterthought. We can provide safety for victims and fairness for the accused at the same time.”
Brooklyn District Attorney Eric Gonzalez said: “New York’s discovery laws were meant to ensure fairness, but the current system is failing too many victims and communities. Cases involving serious crimes, including domestic violence and sexual assault, are being dismissed over minor technical issues, leaving survivors without protection and offenders without accountability. Governor Hochul’s proposal makes necessary adjustments to strengthen public safety while preserving New York’s statute as the national leader in open and transparent discovery.”
Manhattan District Attorney Alvin Bragg, Jr. said: “New York’s district attorneys stand with survivors of crime, including domestic violence and sexual assault, and urge the legislature to do the same by implementing necessary amendments to our state’s discovery statutes. I thank Kathryn Wylde and the Partnership for New York City, Judge Judy Kluger and Sanctuary for Families, and the many groups that joined together today to protect crime victims and communities while remaining the state with the most transparent laws in the U.S.”
Queens District Attorney Melinda Katz said: “The 2019 changes to discovery were the right thing to do, but there have been unintended consequences and we now have five years of data. Cases are now taking longer; dismissals have increased exponentially; and victims are being harmed. The proposed amendments to the discovery laws will keep New York at the forefront of transparency and help us deliver justice for victims.”
Staten Island District Attorney Michael McMahon said: “Simply put, New York State crime victims deserve justice – most of all, survivors of domestic, sexual and intimate partner violence. Tragically, New York’s current discovery laws allow far too many perpetrators of this silent driver of crime to escape accountability in the courtroom as thousands of misdemeanor and felony cases are being dismissed across the ‘Empire State’ on technicalities and loopholes. This reality robs survivors from ever receiving justice as orders of protection are terminated and dangerous criminals are let free with zero consequence for their pernicious criminal behavior. I commend Kathryn Wylde and the Partnership for New York City, as well as the litany of New York-based survivor advocacy organizations here today for standing up for victims’ rights and I look forward to working with my fellow district attorneys, Governor Hochul, and our state legislators to enact a proposal which restores common sense and accountability to our criminal justice system.”
New York City Police Commissioner Jessica Tisch said: “A year ago today, Detective Jonathan Diller was murdered in the line of duty by a violent career criminal who should never have been out on our streets. It is time we call the high speed revolving door of the criminal justice system what it is: a travesty. Lawmakers up in Albany now have an opportunity to stand with police and common sense New Yorkers to address loopholes created by the State’s discovery laws that usher repeat violent offenders right back into the neighborhoods that they terrorized. On this solemn day, we are reminded of the woeful insufficiency of our current laws, and the life-and-death stakes of failure to address them.”
Kathryn Wylde, President & CEO, Partnership for New York City said: “It is clear to the city’s business community that the safety of their employees depends on amending state discovery law so that criminal cases can be fairly prosecuted and judges have the discretion to determine whether cases move forward or are dismissed on substantive grounds.”
Necessary, Reasonable Changes to Discovery Reform
The volume of material that prosecutors are required to locate and turn over at the earliest stage of a case – under penalty of dismissal – since discovery reforms were passed in 2019 has undermined public safety. Thousands of cases are now dismissed annually, for reasons that have nothing to do with fairness or justice. In 2023, New York City’s case dismissal rate – including misdemeanors and felonies was 62%, compared to 42% in 2019. That’s a 48% increase in the case dismissal rate and 20,538 more cases dismissed citywide in 2023 compared to 2019.
Survivor advocacy groups know first-hand how these dismissals negatively impact crime victims. For example, when domestic violence and sexual violence cases are dismissed due to minor discovery issues, not only does the defendant escape accountability, but the survivor often is left without an order of protection, making them vulnerable to further abuse.
Even with the changes proposed by the Governor, New York will remain the state with the most open and transparent discovery laws in the nation. The proposal has been previously supported by prominent statewide leaders such as New York Attorney General Letitia James and the Reverend Al Sharpton, as well as Members of New Yorkers for Fair and Just Discovery Laws.