NY Chief Judge Calls for Bail Reform

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updated Mar 07, 2022

By Author - LawCrossing

02/06/13

New York Chief Judge Jonathan Lippman Calls for Bail Reform
On Tuesday, New York Chief Judge Jonathan Lippman called for bail reform in New York and allowing judges to consider public safety as a factor in determining bail. Currently, New York remains one of the four states, which still prohibits judges from considering public safety in determining bail. As a result, many non-violent defendants languish in jail because they cannot afford bail.

Lippman said, “This makes no sense and certainly does not serve the best interests of our communities and our citizens,” while delivering his speech at the Court of Appeals in Albany. Lippman also urged lawmakers to permit the use of cameras in state courtrooms.

Lippman pointed out during his speech that it was a travesty of justice that ultimately, rather than judges or prosecutors being the final arbiter on the question as to whether a person should or not receive bail, it is the bail bondsman who becomes the de facto decision maker.

Lippman’s speech follows the resolution taken last week by the U.S. Conference of Chief Justices to urge states for limiting the use of pretrial detention of defendants just because they are considered flight risks or on suspicions that they may pose a threat to public safety.

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Speaking on the use of cameras in courtrooms, Lippman said, “It is vital that concerned citizens, bombarded with crime shows and court dramas that do not provide a reliable representation of the justice system, have the fullest access to the real thing.”

Currently, judges are permitted to allow cameras in the courtroom only when witnesses have not been ordered to testify. While New York did have a law to permit use of cameras in courtrooms in most cases, the law expired in 1997.

Among other reforms, Lippman called for raising New York’s age of criminal responsibility to 18 and for reforms meant to reduce wrongful convictions. He also said that attorneys will be required to report all pro bono work they perform in the future as part of the existing biannual registration process.

Lippman was also of the opinion that the legislature should allow judges to impose curfews and order supervision of defendants released without bail.
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