New York's chief judge proposes grand jury reform
ALBANY, N.Y. - New York Chief Judge Jonathan Lippman is planning to introduce legislation to reform grand jury proceedings in his state. Lippman made the announcement on Tuesday during his annual State of The Judiciary Address.
Lippman said his legislation will require a judge to preside over grand jury proceedings that involve allegations of homicide or felony assault arising out of police-civilian encounters.
"The judge would be present to provide legal rulings, ask questions of witnesses, decide along with the grand jurors whether additional witnesses should be called to testify, preclude inadmissible evidence or improper questions, and provide final legal instructions before the grand jury deliberates," said Lippman.
His call for reform is in response to the nationwide criticism that occurred last year after a New York grand jury did not indict the police officer involved in the death of Eric Garner - an unarmed black man in Staten Island. In the days that followed the grand jury's controversial decision, protesters pointed to video showing the officer choking Garner and used Garner's dying words - "I can't breathe" - as a rallying cry for change in law enforcement behavior toward African-Americans.
Lippman also slammed the "veil of secrecy" that shrouds grand jury proceedings, saying "it can be detrimental to access to justice and public debate over issues of compelling public interest."
His legislation will be in favor of having the court disclose the records of grand jury proceedings that result in no charges, under certain conditions.
"In cases where the court finds that the public is generally aware that the matter is the subject of grand jury proceedings; the identity of the subject of the investigation has already been disclosed or the subject consents to disclosure; and disclosure of the proceedings advances a significant public interest," said Lippman.
The records that would be made public would include the charges submitted to the grand jury, the legal instructions given to the jury, and the testimony of all public servants and experts, according to Lippman.