This advisory is provided for informational purposes only and does not constitute legal advice. Members are encouraged to independently review the regulations and applicable statutes when addressing, litigating or appealing DMV administrative actions.

Issued by: New York State Association of Criminal Defense Lawyers –
Motor Vehicle Committee

The New York State Department of Motor Vehicles published notice in the January 14, 2026 New York State Register advising that its systems are prepared to enforce the comprehensive revised regulatory amendments implemented and adopted on November 6, 2024.

Pursuant to DMV’s posting in the January 14, 2026 NYS Register, publication effectively triggers the requisite 30-day notice period, after which all portions of the revised July 17, 2024 regulation amendments will become enforceable  (Note: two of the July 17, 2024 revised rule changes had been enforced prior to this most recent notice, as highlighted below.) Based on the January 14, 2026 NYS Register publication, enforcement of the revised rules and regulations will begin on February 16, 2026.  This coincides with the new computer system that DMV has been working on and will also go online the same day.

This advisory is intended -- to the extent possible noting limited practical information has been provided by DMV – to alert our membership that the November 6, 2024 changes will now be enforced and to outline the implications for practitioners and the public.

Full Advisory (PDF)

Summary Chart of Select Point Changes (Eff. February 16, 2026) (PDF)

DMV’s 2024 Rules and Regulation Changes (PDF)

Additional Resources

November 2024 NYSACDL DMV Alert

July 2025 NYSACDL Membership Alert (Youthful Offender Enforcement)

NYSACDL Condemns the Unprecedented Use of Force and Overreach 
of Federal Officials’ Actions in American Cities

In the wake of the killings of Renee Nicole Good and Alex Jeffrey Pretti by ICE agents, the New York State Association of Criminal Defense Lawyers (NYSACDL) strongly condemns the unprecedented use of force and federal overreach in Minneapolis and other American cities.  We stand strong with those who believe in our Constitution.  We stand strong with those who demand accountability and protest government actions that violate our Country’s long-standing values and principles.  Indiscriminate targeting of minorities, demonizing lawful protestors and excessive use of force destabilizes our entire Country.   We object to these actions which undermine the rule of law.  

We call on the federal government to immediately cease all federal immigration enforcement in Minneapolis.  We call for a fully transparent and independent investigation of the murders of Renee Good and Alex Pretti.  We call on local, state and national elected officials to condemn the unlawful actions of the federal government.  We ask them to cease communicating patent untruths regarding federal agents’ actions.  NYSACDL stands with those who would seek to uphold the bedrock Constitutional principles upon which this Country was built.  To do otherwise only emboldens tyranny.

The New York State Association of Criminal Defense Lawyers thanks Governor Kathy Hochul for signing the Omnibus Prison Reform Bill (A8871/S8415). 

In the wake of the tragic murders of Robert Brooks and Messiah Nantwi, the NYS Legislature overwhelmingly approved measures designed to bring transparency and safety to NYS Prisons.  By mandating widespread video monitoring, body worn cameras, data collection on incarcerated person deaths and family notification of same, the State has taken first steps toward ensuring the safety of our incarcerated clients.  

While these initial measures are a start, more work must be done to decrease the NYS prison population, still one of the largest in the United States. We look forward to working with our Legislative partners in passing the “Communities Not Cages” triumvirate of bills (Earned Time, Second Look, Eliminating Mandatory Minimums) and protecting “Raise the Age;” measures designed to decrease the prison population in New York.

Contact: Jessica Horani, NYSACDL President
president@nysacdl.org 

As written in our comments, NYSACDL strongly supports modification of Part 17 of the Rules of the Chief Judge to amend the rules governing judicial visits to correctional facilities by UCS Judges. We agree that the current system is wholly inadequate to ensure that judges are fully familiar with the conditions of facilities where pre-trial and post-sentencing clients are sent. In our view, knowledge of such conditions is essential to ensuring both equitable sentencing and effective rehabilitation.

The recommended changes propose a system which will be substantially better than the one currently in place. However, because of our familiarity with the NYS correctional system, NYSACDL included additional recommendations in its comments, such as adding additional facilities to the visits and adding to the number of visits.

NYSACDL's full comments are available via PDF here and included below. 

NYSACDL Comments to Modification of Part 17 of the Rules of the Chief Judge

The New York State Association of Criminal Defense Lawyers (NYSACDL) strongly supports modification of Part 17 of the Rules of the Chief Judge to amend the rules governing judicial visits to correctional facilities by UCS Judges. We agree that the current system is wholly inadequate to ensure that judges are fully familiar with the conditions of facilities where pre-trial and post-sentencing clients are sent. In our view, knowledge of such conditions is essential to ensuring both equitable sentencing and effective rehabilitation.

The recommended changes propose a system which will be substantially better than the one currently in place. However, because of our familiarity with the NYS correctional system, NYSACDL recommends additional changes as outlined below.

ADDITIONAL FACILITIES

Although the proposal seeks to expand the location of visits to achieve a more representative fraction of facilities (including women's facilities) we believe other facilities, including youth facilities and facilities housing those found incompetent, both pre-trial and post-sentencing, should be included.

Mandating visits to local, state and women’s facilities will not provide a total picture of the range of incarcerative options available throughout the state. Judges often have the occasion to remand clients to youth and psychiatric facilities. We have observed dangerous overcrowding at some of the juvenile detention facilities which merits attention. A visit to these types of facilities should be included.

ADDITIONAL VISITS

Although the revised rules call for an increase in visits from one every four years to one annually, we believe that too should be expanded. Every UCS Judge should be required to visit each of the following types of facility each year:

• A local facility in their jurisdiction (local jail or holding center housing men,
  women and non-binary persons).
• A state facility housing men OUTSIDE their judicial district.
• A state facility housing women (closest available facility).
• A youth detention facility in their local jurisdiction.
• A psychiatric facility (closest available).
  

Requiring five visits per year (one to each type) will give Judges a much broader overview of the state incarcerative complex and broaden understanding of issues related to incarceration in the context of their judicial duties. Additionally, to further broaden the types of “state” facilities to be visited, we recommend that a mix of maximum, medium and minimum security facilities be incorporated into the list of facilities to be visited each year. Furthermore, the new rules should require that each correctional facility in the state (local, youth, state, psychiatric) be visited each year.

Finally, steps should be taken so that Judges’ visits do not overlap; i.e. each Judge does their visits individually. This will allow more coverage across the state and perhaps even ensure more than one visit to a given facility (local facilities).

ADDITIONAL VISIT ACTIVITIES

Although the new rule mandates an expansion of the areas the Judges must visit while on site, we would recommend that a further step be taken to ensure that Judges get as full a picture as possible of life within those facilities. To that end, we would propose that at each site, Judges meet with a focus group of incarcerated persons for a question and answer session on life in said facilities. If security measures prevent a focus group, having one or two incarcerated persons at each facility accompany the Judges in their tours to answer questions and address concerns from the incarcerated population would suffice. In the event this is added as a requirement, steps should be taken to ensure that the focus group or tour accompaniment are not subject to any retaliation for their participation and candor.

Additionally, one month prior to the Judge’s visit, the Judge should be required to communicate with both Prisoners’ Legal Service (PLSNY) as well as the institutional providers (Public Defender, Assigned Counsel Program) in the County where the visit is taking place to ascertain whether any issues meriting the Judge’s attention have been disclosed to those offices. This will better prepare the Judges for their visits. If this disclosure is handled centrally by UCS, a dossier of concerns should be provided to the Judges prior to their visits.

MANDATORY REPORTING

We would strongly recommend that the visiting Judge file a mandatory report with the Chief Administrative Judge detailing the observations made during the visit, and that following up, corrective action be taken if deficiencies are discovered. We would recommend an amendment to 17.1g as follows:

Each judge shall, within 30 days of the visit, file a report with the Deputy Chief Administrative Judge, detailing the judge's observations obtained during the visit. Said report shall include but not be limited to specific observations of the items set forth in 17.1 e. Said report shall identify areas where deficiencies, if any, are observed or where the judge has concerns, if any, about what has been observed.

The Deputy Chief Administrative judge shall provide a copy of said judicial report to DOCCS, including its Inspector General. Where said report identifies deficiencies or other unsatisfactory concerns of the judge, the Deputy Chief Administrative Judge shall obtain from DOCCS a report detailing how, if at all, DOCCS has addressed such alleged deficiencies and concerns within three months of receipt of the report. A follow up judicial visit, by a different judge, shall occur within 3 months of receipt of the responding report from DOCCS. Should DOCCS fail to provide a report responding to the judge's report within said 3 months, the Deputy Chief Administrative Judge shall forward the original report, and notice of such failure to the Attorney General and the New York State Inspector General. The Deputy Chief Administrative judge shall also authorize a follow up judicial visit to said facility within one month, and every month thereafter by a different judge until such alleged deficiencies or concerns are properly addressed by DOCCS.

November 10, 2025 

Jessica Horani, President 

president@nysacdl.org  

As I write this, I am receiving breaking news updates regarding the flight cancellations which just began at major airports across the nation, several of them here in New York State, and the resulting havoc it may wreak on travelers and their plans. The import of these updates is clear. This is perceived to be one of the most drastic effects of the Federal Government shutdown which started on October 1, 2025, and it may be the one most likely to force one side’s hand to end the shutdown. Equally, if not more, distressing is the halt in payments to our neediest citizens and children who depend on SNAP benefits to eat.  

At the same time, with much less national alarm, a more silent but significant crisis has been unfolding in Federal courthouses across the country, including here in New York. The right to counsel itself is being abridged as the shutdown is leaving the attorneys who are appointed to represent people accused of federal crimes (and those who support them and their clients) unpaid for their labor. This places the promise of due process for all in serious jeopardy. For people who rely on the assistance of assigned counsel (the appointment and payment of which are governed by the Criminal Justice Act), they are now forced to face governmental prosecutions with attorneys who are no longer being paid. Since July 3, 2025, the fund to pay attorneys assigned through the CJA has been depleted and payments to those counsel and associated service providers have stopped. Lawyers who are appointed to defend people who are unable to retain counsel cannot ensure their investigators, interpreters, and expert witnesses that they will be paid anytime soon. As of November 6, 2025, those who work at Federal Defender offices across the country are no longer receiving pay for the significant and constitutionally mandated work they do protecting their clients’ Sixth Amendment right to counsel.  

The New York State Association of Criminal Defense Lawyers is comprised of more than 1,500 public and private defense counsel across New York State. Many of our members are involved in the defense of those accused in Federal Courts. They represent individuals facing the full power of the government and they do so professionally, ethically, and vigorously. It is not easy work. Federal prosecutions are often seen as a fait accompli by those who bring them and defenders face staggering odds in their efforts to preserve individual rights and due process against a formidable force. Without experienced, skilled, and dedicated attorneys to take on this constitutional role, all of us would be left at the unprotected mercy of the Department of Justice.  

And yet lawyers who do this work are facing unprecedented challenges as the Federal Government shutdown leaves them without pay for the integral service they provide as a ballast to a criminal justice system that would otherwise trample the rights of the accused. The stakes could not be higher as those facing Federal prosecutions in New York can still face the death penalty. Our most experienced Federal counsel face a dilemma, having to choose their own livelihood or their ethical obligations as defense counsel.  

As air traffic controllers keep our airspace running and safe while working without pay, the government has taken the significant step to ground a percentage of flights in response to the crisis and to protect the work of those air traffic controllers. Unless the DOJ plans to dismiss its criminal cases, the government must take steps to ensure that defenders are able to defend the people it seeks to imprison.  When will the government recognize its obligation to ensure that the lawyers and support staff who work tirelessly to defend our constitutional rights are paid for their efforts? 

### 

NYSACDL is a statewide organization of criminal defense attorneys, representing almost 1,600 private attorneys and public defenders who practice in courthouses in all parts of New York State and at all levels of the court system. NYSACDL is a New York State affiliate of the National Association of Criminal Defense Lawyers, a professional bar association founded in 1958 that has over 40,000 affiliated members nationally. 

 

NYSACDL President Jessica Horani was recently featured in the
"Bloomberg Law New York Brief - Meet the Leader: Jessica Horani"
(Second Item In the Link)

Included in the article is President Horani's thoughts on growing NYSACDL through young and new lawyers, as well as legislative insight and "Lightening Round Questions" - you can read the PDF online here - preview below. 

"Bloomberg Law New York Brief - Meet the Leader: Jessica Horani"

"The president of the New York State Association of Criminal Defense Lawyers wants the group to grow its ranks of young lawyers.

'A lot of organizations—I don’t think we’re alone—are top heavy,' Jessica Horani told me in a recent interview. 'We have a lot of people that have incredible experience, that have been around and remain committed and involved in the association, which is great. But I’m interested in building up the leaders of tomorrow. That’s my personal agenda.' ...

It’s been an eventful tenure for Horani as the group lobbied against prosecutor-backed changes to New York’s criminal discovery laws. That fight ended in a draw, with modest reforms passing that took effect this month.

Now Horani is gearing up for her organization to fight against rollbacks to New York’s “Raise the Age” law, a measure that diverts minors out of criminal courts for some offenses."

Click Here To Read More

DMV has eliminated decades-old administrative protections for Youthful Offender (YO) adjudications in DWI cases and apparently violated their own procedural notice requirements in doing so.

For some time since November 6, 2024, when the DMV issued new regulations to take effect in the future, it appears that the New York State Department of Motor Vehicles has been treating prior and new YO adjudications for VTL § 1192 violations as adult convictions for all administrative purposes. 

This change eliminates longstanding protections and subjects young clients to the full weight of DMV’s enhanced penalty structure adopted on November 6, 2024.  This is especially significant relating to the lifetime and 25-year lookback periods when a Motorist seeks relicensing after a revocation.   

DMV enforced this change involving YO status prior to providing the required
30-day notice, thereby violating their own established implementation requirements.

Please click here to read NYSACDL's full member alert regarding the changes. The changes referenced throughout this document relate to DMV rules and regulations only; YO adjudications in criminal court remain as non-convictions.

Read Full Member Alert Here (PDF)

This alert is provided for informational purposes only and does not constitute legal advice. It is imperative that you review these DMV changes in their entirety as the November 6, 2024 rules are being implemented, thus far, in piecemeal fashion. DMV rule changes should first be posted in the weekly issue of the New York State Register, which is published every Wednesday.

New York State Association of Criminal Defense Lawyers Motor Vehicle Committee

The New York State Association of Criminal Defense Lawyers (NYSACDL) has previously called for the resignation of Monroe County District Attorney Sandra Doorley following the exposure of her unlawful conduct. In light of the Commission on Prosecutorial Conduct’s public censure of DA Doorley, NYSACDL stands by its position that her resignation remains the only appropriate and just outcome.

We also welcome the long-overdue activation of the Commission on Prosecutorial Conduct, which is finally staffed and operational. The Commission must now turn its attention to the significant backlog of complaints - cases that have directly harmed individuals across the state. Addressing just a single matter in the years since the legislature established the Commission falls far short of what justice demands. It will require sustained effort, transparency, and public accountability to send a clear message that prosecutors are not above the law and that their duty is to uphold justice with integrity and fairness.

Lawyer Justices Are Needed Now in Town and Village Courts

Proposals in the state legislature to update New York's town and village courts are necessary steps towards bringing the system into the 21st century, the chair of New York State Association of Criminal Defense Lawyers' justice courts committee writes.

Link On Law.com: https://www.law.com/newyorklawjournal/2025/06/04/lawyer-justices-are-needed-now-in-town-and-village-courts/

PDF of Letter

Welcome To Atticus: The E-Edition!

NYSACDL knows how important Atticus is to its membership and community. In order to provide more content to you, NYSACDL is pleased to introduce Atticus: The E-Edition.

Please enjoy this inaugural issue!

As always, if you would like to submit an item to us, please email atticus@nysacdl.org.


Atticus Editors:
Grainne O'Neill
Mehdi Essmidi
Joseph Rochman
John Wallenstein

Click Here To Read Atticus Spring 2025 - The E-Edition!

-Jessica Horani
NYSACDL President

Albany, NY – The Alliance to Protect Kalief’s Law, a statewide coalition of impacted New Yorkers, public defender offices, civil rights organizations, leading advocacy groups, clergy, labor, and many others, issued the following statement on discovery rollbacks included in New York’s Fiscal Year 2026 budget:

“Since the 2019 discovery reforms took effect, hundreds of thousands of people have been protected from coerced plea deals, excessive court delays, prolonged pretrial detention, and wrongful convictions. Nevertheless, Governor Hochul, at the behest of New York’s District Attorneys, delayed the entire state budget with a campaign to roll back these fundamental protections, based on false information and misleading data.

Yesterday, the Legislature passed a budget that amended New York’s discovery law, but thankfully did not incorporate all of the Governor’s proposed changes. We are grateful to Speaker Heastie, Majority Leader Stewart-Cousins, and many other lawmakers—including members of the Black, Puerto Rican, Hispanic, and Asian Legislative Caucus—for fighting against the proposed rollbacks and seeking the input of impacted people, defenders, and advocates throughout this fight.

Since this law took effect, District Attorneys have been more interested in dismantling the discovery law than in implementing it. Enough is enough. They have the funding they need to meet their obligations under the law. Any future attempts to roll back these laws must be rejected. We know that evidence-sharing does not threaten public safety. True safety comes from investments in housing, healthcare, education, and community—not from stripping away fundamental fairness and transparency.

The Alliance to Protect Kalief’s Law will never stop fighting to uphold the principles that discovery reform was built on: that every person accused of a crime has the right to evidence, the right to due process, and the right to a fair defense against the full power of the government. Those are the promises made in Kalief Browder’s name and in recognition of the experience of the millions of New Yorkers–a disproportionate number of whom are Black and Brown–who have gone to trial or accepted a guilty plea without access to the evidence.”

April 30, 2025
Contact: Jessica A. Horani, President
president@nysacdl.org

On February 3, 1958, President Eisenhower established May 1st as the first Law Day. In his proclamation, Eisenhower urged us to, “… remember with pride and vigilantly guard the great heritage of liberty, justice, and equality under law which our forefathers bequeathed to us.”

As criminal defense attorneys, Law Day is not a day merely for reflection; it is a day to remember our call to action as vigilant guardians of due process. The New York State Association of Criminal Defense Lawyers (NYSACDL) has always fought to protect the people we serve and to preserve and realize their fundamental rights. Our fight for the passage and implementation of the 2020 Discovery Reforms for New York State gave people accused of crimes access to the evidence against them - the basic building blocks of due process. Yet, just five years later we stood on the precipice of facing a rollback to those reforms and we were called to once again vigilantly guard against efforts to erode those rights. We embodied President Eisenhower’s words when we fought to preserve Discovery and to demand that the voices of defenders and impacted peoples were heard while reforms were being considered. Despite being all but shut out from the decision making process, we nevertheless persisted in our advocacy and in the final analysis had our voices heard; a true testament to the value of vigilance. 

President Eisenhower went on to say that “our Government has served as an inspiration and a beacon light for oppressed peoples of the world seeking freedom, justice, and equality for the individual under laws.” That line only has meaning when our Government seeks to preserve those values. The role of the defense attorney is to ensure that these sacred values are held secure for the most vulnerable among us. We seek to preserve the rights of the individual against the enormous power of the Government. We demand due process and the application of laws in a fair and equitable manner. We demand that no loss of freedom should stand without a fair trial or a plea obtained in a just manner. 

Without defense attorneys to fight for the rule of law in the form of due process, we would have what Eisenhower referred to in his proclamation as, “the type of government that rules by might alone.” A government that seeks to rule by ‘might alone’ will be met with resistance from defense attorneys as we are well practiced at standing up in the face of injustice. On this Law Day 2025, we face challenges to the Rule of Law on both a State and Federal level. The latest Executive Orders to affect our work as defense attorneys contain troubling proposals of a dangerous empowerment of the police against individuals, blatant attempts to protect police misconduct, along with an unprecedented dismantling of the civil rights division within the Justice Department. Regardless of political ideology we are duty bound to our clients to vigilantly guard the individual against the might of the government and we stand firm, now as always, in our commitment to preserving the promise of due process for all. 

As the secretive, backroom budget process regarding the repeal of our discovery law reaches its endgame, The New York State Association of Criminal Defense Lawyers (NYSACDL) calls on the Governor and Legislature to PUT DEFENDERS AND IMPACTED PERSONS IN THE NEGOTIATION ROOM. To date, NYS Defenders, Exonerees and Criminal Legal System Affected Individuals have been largely sidelined and shut out; not allowed to participate in reviewing the actual language in the proposed repeals while District Attorneys are centered throughout this process. Only with our input as to the ramifications of the damaging proposed changes can the Governor and Legislature be sure that a fair and equitable process has been undertaken. Just as we fought for the due process rights of New Yorkers in enacting Discovery reform; we are seeking due process to include our voices now. The landmark law our state’s DAs have been seeking to destroy has benefited thousands and finally made an inherently unequal process more balanced. To continue this process without including the very people whose rights will be affected only ensures a one-sided and unjust outcome that will take us backwards. We are ready and willing to be heard. If you invite us, we will come. The very notions of due process and fundamental fairness that our current Discovery Law protects demands no less. 

(Part-Time Hourly Employee)

Position Overview: As our Membership Representative & Administrative Support, you'll collaborate closely with the Executive Director to manage day-to-day operations, provide exceptional member services, and ensure the smooth functioning of our organization. This role offers a blend of administrative tasks, member relations, and event management.

Schedule: Enjoy the flexibility of a part-time schedule with the potential for remote work following a probationary period.

Responsibilities:

• Serve as the primary point of contact for members, delivering timely and accurate information on benefits and services.
• Manage member interactions via phone, email, and online platforms, addressing inquiries and ensuring satisfaction.
• Maintain membership records.
• Work with the Executive Director and Membership Committee to maintain and enhance member benefits.
• Support event planning logistics for CLE seminars including generating invoices, and assisting with processing of attendance certificates.
• Provide general office support.
• Assist with member communications.
• Collaborate with the Executive Director and volunteers to support event planning and execution.

Qualifications:

• Minimum of two years of professional office experience, preferably in event planning or customer service.
• Strong interpersonal and communication skills, with the ability to work independently and under pressure.
• Proficiency in Microsoft Office Suite (Excel, Word, PowerPoint & Outlook), Adobe Acrobat, and Zoom.  Ability to run reports in Excel and provide data management support (e.g. update and maintain member and prospect lists for targeted digital and printed campaigns).
• Willingness to travel regionally occasionally and work flexible hours, including early mornings and evenings as needed (as needed around events provided in advance).

Desired Experience:

• Previous involvement with professional membership associations.
• Familiarity with association management software/systems or similar databases (AMS/CRMs).
• Experience in social media and marketing content creation and basic website management.
• Comfortable with public speaking, conflict resolution, or vendor management.
• Proficiency in additional tools such as Google Docs, Survey Monkey, Canva, Dropbox, Doodle, Slack and social media platforms.
• Experience with AI technologies (e.g., ChatGPT) is a plus.
• Valid driver's license, access to a vehicle, and the ability to lift 40 pounds.

What We Offer:

• Competitive compensation ranging from $25 to $30 per hour, commensurate with experience and qualifications, in addition to a flexible schedule.
• A supportive work environment with a strong sense of community and collegiality.
• Opportunities for growth and professional development.

Qualified candidates should submit letter of interest and resume via email to jlvanort@nysacdl.org.

These two esteemed houses have justifiably concluded that Governor Hochul’s regressive proposal would result in court inefficiency, extended incarceration, non-transparent pleas and wrongful convictions. 

We will continue to urge both the Senate, Assembly, and Governor to leave our discovery laws intact, and instead focus on solutions that both increase efficiency in information sharing and allow time to see the fruits of the substantial investment of dollars that has been made, allowing Kalief’s Law to function as intended.

The New York State Association of Criminal Defense Attorneys (NYSACDL), a not-for-profit organization of criminal defense attorneys committed to the defense and advocacy of those accused of crimes, stand for the fair administration of criminal justice and the protection of civil liberties. The right to legal representation, free from government interference or retaliation, is a bedrock principle of our Constitution.  The recent revocation of a law firm’s security clearance by President Donald Trump’s Executive Order, after the firm undertook the pro bono defense of former Special Counsel Jack Smith, raises serious concerns about the erosion of due process and fundamental fairness -- principles that should define our justice system.  Any action that restricts an attorney or law firm’s ability to represent a client in criminal proceedings, particularly in cases involving the highest levels of government, undermines the constitutional guarantees that ensure a fair legal defense and due process. Such action may further infringe upon an individual’s right to counsel of their own choosing under the 6th Amendment to the United States Constitution.

The revocation of a law firm’s security clearance in this context, particularly where it involves the executive branch, sends a disturbing message about the potential misuse of government authority to limit legal advocacy.  It is imperative that all individuals, regardless of their past or present positions, receive competent legal representation without undue obstacles or impediment.  Any attempt by the government to limit a law firm’s ability to defend a client by restricting access to necessary legal resources, including core aspects of discovery, raises serious constitutional and ethical concerns.  It imperils the integrity of the justice system. 

Our organization, representing close to 1900 criminal defense attorneys across the state, stands firmly in defense of the constitutional principles that ensure access to competent legal counsel, the ability of attorneys to advocate without impediment and free of government retribution. The right to competent legal defense should not invoke the spectacle of political circumstance or leanings; it is a fundamental right and protection that must remain insulated from external influence. To allow otherwise can have a significant chilling effect on the willingness of attorneys and law firms to undertake representation of a wide array of unpopular or potentially politically divisive clients in criminal proceedings. This flies in the face of our obligations as defense attorneys to represent the due process rights for all who stand accused.

We urge policymakers, legal professionals, and the public to safeguard our nation’s Constitution and uphold the foundational principles that ensure equal justice under the law.

The New York State Association of Criminal Defense Attorneys (NYSACDL), a not-for-profit organization of criminal defense attorneys committed to the defense and advocacy of those accused of crimes, urges immediate action by the Governor to address rapidly deteriorating conditions in New York prisons and to uphold the HALT Solitary Confinement Act. The current conditions endanger the health and lives of prisoners and must be remedied before more lives are lost. 

Recently in 2025, corrections officers have unlawfully engaged in “Wildcat Strikes.”  These strikes began shortly after, and in apparent reaction to, charges being brought against correctional officers at Marcy Correctional Facility in the beating death of Robert Brooks. The strikes have wreaked havoc on the safety and conditions at all impacted prisons. Visits with family, loved ones, and legal counsel have been discontinued, mail services have been stopped, and incarcerated people have been cut off from necessary social service programs and medical attention. To date, four incarcerated people have died in upstate prisons since the start of the strikes. Most recently and tragically was the beating death of Messiah Nantwi at Mid-State Correctional Facility, apparently at the hands of correctional officers.  

These strikes have also led to the unlawful and harmful use of solitary confinement. In 2021 the “Humane Alternatives to Long-Term Solitary Confinement” Act (the HALT Solitary Confinement Act) was signed into law.  Recognizing the harm caused by solitary confinement, this bill restricted the use of segregated confinement and created alternative therapeutic and rehabilitative options.  The HALT Solitary Confinement Act was passed in recognition of the extreme harm that keeping individuals in extended solitary confinement causes without aiding in rehabilitation or keeping any of us safer. It is a rational and humane response to the inhumane practice of keeping people in solitary confinement for more than 15 days at a time. We condemn the current failure to heed the requirements of the HALT Solitary Confinement Act and any actions that effectively repeal this important law.   

A prison sentence does not remove a person’s right to basic human dignity and safety.  The illegal strikes have only made prison conditions worse for incarcerated people.  

Working conditions at prisons can and should be addressed through appropriate measures; but not on the backs of those incarcerated inside. Legislative reform meant to protect those incarcerated must not be dismantled through unlawful measures. NYSACDL strongly urges immediate action to uphold the HALT Solitary Confinement Act and restore needed services and protections for incarcerated people within the New York State Prison Systems.

On January 31, 2025, the New York State Association of Criminal Defense Lawyers (NYSACDL) released the following statement in response to misleading statements by Governor Kathy Hochul and District Attorneys about New York’s successful and common-sense discovery laws: 

“In today’s press conference, Governor Hochul, alongside the Prosecutors representing the District Attorneys Association of the State of New York (DAASNY), shamefully continued to fear monger and push out false narratives which misleads the public and creates distrust about a necessary pillar of a system that protects due process and fairness: open and transparent evidence sharing. In demonizing the discovery law and scapegoating it for their failures to fully comply, they betray their oaths to do justice in an evenhanded way. Despite their protestations to the contrary, this is not a tweak to close a ‘loophole.’  This is a full repeal. 

Accurate data exposes these lies. Outside of NYC, case dismissals across all misdemeanors and felonies are relatively stagnant in counties with large cities. The only significant change has been an increase in NYC misdemeanor dismissals — cases that are often weak or unsupported.

Published decisions show that cases do not get dismissed because of ‘technicalities’ or ‘loopholes.’ Most cases get dismissed for reasons other than violations of statutory speedy trial. However, when prosecutors violate the statutory speedy trial rights of the accused, it is because they do not engage in due diligence, a decades-long standard, whether it is for a general failure to get ready for trial or because they do not turn over basic and obvious, but crucial discovery.

Prosecutors’ offices have received $80 million dollars to date to enact the cultural and logistical changes required to implement this law. Another $40 million is provisioned for this year. They have the resources to comply. It’s simply easier for them not to and to blame the criminally accused for their intransience.

The 2019 Discovery Law is among the most successful criminal legal system reforms of the last century. It demands that the accused and the prosecutors operate on an even field. It incentivizes timely and complete discovery and ensures efficiency and fairness. We cannot go back.”

"Protect Kalief’s Law"

Governor Kathy Hochul's New York State FY 2026 budget makes clear that her top priority is to ensure that the accused again suffer interminable delays and incarceration with less than full discovery before being forced to accept plea deals or go to trial. The 2019 discovery laws brought fairness, transparency and finally leveled the playing field. New Yorkers should not tolerate the use of misleading data on dismissal rates to justify this crusade against fairness in the criminal legal system. What's clear is that with adequate training and communication between prosecutors and law enforcement, prosecutors can and, in fact, do comply with the current discovery laws. NYSACDL implores the Legislature to protect Kalief’s Law and stand strong against any amendments.

The New York State Association of Criminal Defense Lawyers (NYSACDL) strongly objects to the Governor’s mischaracterization of New York’s discovery laws in her 2025 State of the State Address. These laws have guarded against wrongful convictions and unjust guilty pleas over the last four years. The laws do not have a loophole or create technicalities that result in meritless dismissals. Achieving fairness and transparency requires diligence by prosecutors and law enforcement. They are the sole gatekeepers of the evidence. New Yorkers should never hold them to a lesser standard. We call on the legislature to oppose any rollbacks, including any “minor tweaks” that will only have one effect: the significant destruction of the spirit and intent of these laws. 

Statement PDF

Read More Here (PDF)

Effective November 6, 2024, DMV has enacted new rules and regulations that affect point values, penalties and relicensing standards.  DMV posits the new rules are aimed at improving highway safety by going after and penalizing repeat offenders for high-risk behaviors, particularly those related to alcohol, drugs and unlicensed operation.  (You can view a full copy of DMV’s 2024 Rules and Regulation changes by clicking here.)

It is imperative that you review these DMV changes in their entirety as the new rules can dramatically impact your client’s driving privileges immediately and your negotiating and defense strategy with prosecutors. 

Click Here To Read The Entire Notice Outlining The Changes From The NYSACDL Motor Vehicle Committee

Thank You to the Committee For Their Work On This Matter.