Friday Morning Brief April 14, 2023

Apr 13

2024 Budget Still In Limbo Over Bail Reforms

With the second week of closed-door 3-way Budget negotiations between Hochul and Legislative leaders drawing to a close, a final Budget remains to be passed. Bail reform remains a wedge issue for the governor, Speaker and Senate Majority Leader. Hochul seeks to remove the least restrictive standard, while the Legislature prefers to keep the status quo. “There is a lot to be done in this space, but we obviously are focused on keeping New Yorkers safe,” Stewart-Cousins said at Tuesday’s press conference.

Discovery laws rose to prominence this week expanding on the debate over criminal justice reforms, with Hochul seeking to tweak the current discovery laws. Current discovery laws require prosecutors to turn over evidence to defendants within 20 or 35 days after arraignment. It is believed that Hochul is seeking the following changes:

Give judges more leeway to decide if alleged discovery violations by prosecutors result in a dismissal
Require the defendants to challenge discovery law compliance within 35 days unless the courts approve an extension
Allow the DA to continue cases if “relevant” materials are given to the defendant instead of the current requirement to provide all “related” material
Provide $40 million aid to DAs across the state to aid with the proposed discovery laws changes

As the bail reform debate continues, Stewart-Cousins said the Legislature is “very close to a general agreement” on Tuesday, while Heastie remarked that “nothing” had been reached the day before. The leaders have not given any comments on the issue of discovery laws yet. The deadline for the second budget extender is on Monday.

EXECUTIVE UPDATES

Hochul announced her second nominee for Chief Judge, Rowan Wilson, earlier this week. This comes weeks after Senate lawmakers rejected her first nominee, Hector LaSalle. “New Yorkers deserve a strong, effective, and thoughtful leader, and I am proud to nominate Judge Wilson as Chief Judge,” Hochul said. Wilson has been an Associate Judge since 2017 and would be the state’s first Black Chief Judge if approved by Senate lawmakers. Senate Judiciary Committee will hold a confirmation hearing on Monday.

Additionally, Hochul announced Caitlin Halligan as her nominee to fill Rowan’s Associate seat. “To ensure the court continues to function effectively, I also intend to nominate Caitlin Halligan, who will bring a critical perspective to our justice system,” said Hochul. Halligan formally served as Solicitor General for the state from 2001 to 2007. Currently, Halligan is a partner for a private law firm in Manhattan, where she has argued before the U.S. Supreme Court. The Senate Judiciary Committee is expected to hold a confirmation hearing for Halligan on Tuesday.

The nominations came as Hochul signed a bill to accelerate judicial nominees for the state Court of Appeals. To read Hochul's statement on her nominees, click here.

Hochul released a statement last Friday after she and AG Letitia James filed an amicus brief to urge the state Supreme Court to redraw Congressional Districts. Hochul and James argue that while districts drawn by the court-appointed special master was appropriate for last year’s elections, there is a significant time to generate new districts that followed the process outlined in the state’s Constitution. To read the full statement, click here. To read the full amicus brief, click here.

In a press conference on Tuesday, Hochul announced her intention to stockpile abortion medication and to work with the Legislature to safeguard access to medical abortion. This comes as a recent Texas ruling overruled the FDA approval of the abortion medication, Misoprostal. The state Department of Health will stockpile a five-year supply, or 150,000 doses, to meet anticipated demands. The state will also invest $20 million in abortion providers, adding to last year's $35 million investment. "New York will always be a safe harbor for abortion care, and I am taking action to protect abortion access in our State and continue to lead the nation in defending the right to reproductive autonomy," said Hochul. To watch the press conference, click here.

Hochul announced new guidelines and updates to the state’s Sexual Harassment Model Policy on Tuesday. The Department of Labor and the Division of Human Rights collaborated to strengthen guidance that addresses remote workers, gender discrimination, retaliation, and other new guidance for workers in the state. The new guidelines also released a new interactive training video and online resources to help employers and employees. “New York State is taking a tremendous step in modernizing our Sexual Harassment Prevention Model Policy to ensure that every worker has equitable access to resources that will foster safe and inclusive work environments,” said Hochul.

On Wednesday, Hochul announced a new program, FreshConnect Fresh2You, to double the buying power for SNAP recipients at farmer's markets. The new program seeks to offset the recent reduction in SNAP benefits after the Covid-19 pandemic and increasing inflation rates. "The new Fresh2You initiative will help ensure New Yorkers have more money to spend on healthy foods like dairy, meat, produce, and more while creating greater health outcomes, an economic boost to New York's farmers, and a stronger food supply chain," said Hochul.

LEGISLATIVE/BUDGET UPDATES

Next week, the Legislature is scheduled to be in session Monday & Tuesday

The April 17 deadline for the second extender is approaching. If the Budget fails to pass on Monday, the Legislature will likely pass another extender - with rumors of a possible 2-weeks extender - on Monday to ensure that the state government continue running. Majority Leader Andrea Stewart Cousins said on Tuesday that although housing and charter schools has been discussed, no agreement has been made.

GOP on the Budget Process

With budget negotiations likely to enter its third week on Monday, GOP lawmakers have called on Hochul to not back down on her bail reforms. “I hope the Governor sticks to her guns and doesn’t back off on bail. What she’s proposing again is not an extreme measure, and this is the time that she has some leverage to try to get it done versus trying to do it outside the Budget,” Assembly Minority Leader William Barclay said. Aside from bail reform, GOP lawmakers wish to make the budget process more transparent and call on Hochul and the leaders of the Legislature to pass the Budget soon. “I think we ought to go down [in the Capital] and stay down there until the Budget deal is done,” said Barclay.

Possible Constitutional Amendment to Remove Commission on Judicial Nomination

In a press conference on Tuesday, Senate Majority Leader Andrea Stewart-Cousins announced her support for changing the state Constitution to eliminate the Commission on Judicial Nomination. The commission selects a list of seven candidates for the governor to choose from when filling out a vacancy in the state Court of Appeals. "Because it will take a constitutional amendment, it will take until about 2025 to actually change it," Stewart-Cousins said. This comes a day after Hochul announced her Chief Judge and Associate Judge nominees.

Congressional Delagate Weighs In On the Budget Again

Representative Alexandria Ocasio-Cortez joined a rally with local lawmakers in support of passing good cause eviction in the Budget on Wednesday in Astoria, Queens. This comes as lawmakers held a separate rally for good cause eviction earlier this week. The good cause eviction would prohibit landlords from kicking out tenants without “good cause,” and rent increases greater than 3% of the previous rental amount or 1.5% of the Consumer Price Index would be deemed unreasonable. Landlords have warned that the passing of good cause eviction would devastate the state’s existing housing supply and increase rents. Currently, housing has been a central Budget issue being debated by Hochul and leaders of the Legislature.

OTHER UPDATES

Hochul and AG James Seeks to Redraw Congressional Districts

Attorney General Letitia James and Hochul submitted an animus brief last Friday to challenge the current congressional districts drawn by a court-appointed special master last year. A special master was appointed to redraw congressional lines for the 2022 election after the Legislature and Court of Appeals rejected the lines created by the commission. James and Hochul argue that the independent Redistricting Commission now has the necessary time to establish new congressional lines through the process outlined in the state Constitution for the next election cycle. Nicole Malliotakis, the lone Congressional Representative from NYC, disagreed with Hochul and James, saying that last year’s independent special master drew fair congressional lines.

Trump Questioned Under Oath for Civil Fraud Lawsuit

Yesterday, Trump was questioned under oath in a $250 million civil fraud lawsuit by Attorney General Letitia James. The civil lawsuit, separate from Trump's 34-count criminal charges by DA Alvin Bragg, was filed in September and is expected to go to trial in October. The lawsuit is based on Trump's business practices and includes Eric, Ivanka, Donald Trump Jr., and the Trump Foundation.

Bragg Sues Representative Jim Jordan

Manhattan DA Alvin Bragg filed a federal lawsuit against Ohio Representative Jim Jordan, accusing him of a “brazen and unconstitutional attack” on Bragg’s criminal case against Donald Trump. This comes as Jordan and Congressional GOP seek to subpoena Mark Pomerantz, former leader of Trump’s investigation under Bragg. To read the full lawsuit, click here.

NYPD Employs Robots

In a press conference with the NYPD in Times Square earlier this week, Eric Adams unveiled new high-tech security devices for the NYPD:

K-5 Autonomous Security
Digidog
GPS-enabled launchers

NYPD will employ two Digidogs for $750,000 and the K-5 security robot for $12,250 for seven months. The K-5 robots will patrol Time Square and its subway station this summer while the Digidog will help the NYPD in dangerous situations. “We are scanning the globe on finding technology that will ensure this city is safe for New Yorkers, visitors, and whomever is here in the city,” Adams said. To watch the press conference, click here.

NYC's Rat Czar

On Wednesday, Adams appointed Kathleen Corradi as the first NYC’s “Rat Czar.” As the “director of rodent mitigation,” Corradi would be tasked with fighting the increasing rodent population. “Rat mitigation is more than a quality-of-life issue. Rats are the symptom of systemic issues, including sanitation, health, housing, and economic justice,” Corradi said. Before being appointed, Corradi launched the NYC Department of Education’s rodent reduction efforts, helping schools with persistent rodent issues reach compliance goals. In addition to selecting Corradi, Adams has announced four “rat mitigation zones” and a $3.5 million investment to expand its effort in Harlem. To watch the press conference, click here.

Pete Buttigieg Visits the Capital Region

On Thursday, US Secretary of Transportation Pete Buttigieg visited the Capital Region with Hochul, Representative Paul Tonko, and Castleton Mayor Joe Keegan. As part of President Biden’s “Investment in America” tour, Buttigieg announced $21 million dollar for the Castleton bridge. The new renovation would provide a crash-tested railing for safety and better drainage. “Together, these projects are set to extend the useful life of this bridge by another 50 years, meaning that our children and grandchildren will one day have a chance to take advantage of it too,” Buttigieg said. To watch the press conference, click here.

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