Assemblywoman Gabriella Romero Slams Hochul Discovery Change In Op-Ed

State Assemblywoman Gabriella Romero strongly criticized Governor Kathy Hochul's proposal to roll back New York's 2020 discovery reform laws in an opinion piece published Saturday in City and State.

Discovery reform laws require prosecutors to share evidence they have with defense attorneys in a timely manner before trial. This process is intended to ensure defendants understand the case against them and can prepare a proper defense.

Romero, who previously worked as a criminal defense attorney, argued that any problems with discovery compliance are largely a "downstate problem." She contended that lawyers and prosecutors outside of the New York City region are generally meeting their obligations under the law.

She pushed back against calls to weaken the laws, particularly from some downstate prosecutors, stating these calls are based on exaggerated claims of a "crisis." According to Romero, compliance issues outside of New York City have not led to widespread case dismissals or significant courtroom problems.

To support her point, Romero highlighted data indicating that discovery-related case dismissals are primarily concentrated in New York City. She noted that in most upstate areas, dismissal rates have either stayed the same or decreased since the reforms were enacted.

Romero disputed the idea that minor delays in sharing evidence are causing thousands of unnecessary dismissals. She cited court decisions confirming that cases are typically dismissed only for genuine noncompliance with the rules, not for simple technical errors. She also pointed out that courts have options other than dismissal if prosecutors have acted in good faith but still faced delays.

Romero stressed that the current discovery laws are important for upholding fairness and racial justice in the legal system. She believes any localized compliance issues should be addressed with local solutions, rather than changing the statewide rules that affect everyone.

She urged New Yorkers and fellow lawmakers to resist what she termed "misinformation" and to maintain strong discovery requirements to protect constitutional rights and ensure a just legal process.

Read the full op-ed in City and State here.