Candidate Answers to JOLDC: Eliza Orlins for Manhattan District Attorney
Candidate Name: Eliza Orlins
Office Seeking Election for: Manhattan District Attorney
1. Response to crimes of violence
There is widespread consensus that low-level, non-violent crimes do not belong in the criminal justice system. But what about violent crimes? Do you think that people accused of violent crimes should be dealt with in the criminal system? How should these cases be handled?
First, it’s imperative to recognize that a significant number of crimes that are deemed violent by New York Statepenal law do not in any way meet the common understanding of the phrase.
Identifying this body of laws that are both over legislated and accordingly overcharged will inform my office’s charging and sentencing decisions.
As for those crimes that are truly violent, of course my office will work hard to make sure that communities are safe from those who pose a threat to those around them. The Manhattan District Attorney’s Office under Cy Vance has failed to even take this step, so long as the people commiting the violent felonies were rich and well-connected. His office failed to prosecute Harvey Weinstein even after credible eviidence emerged to charge him with numerous sex crimes. In the time between when this evidence was ignored, and when he was finally charged, and later convicted, Harvey Weinstein remained at liberty, free to continue his pattern of carrying out unimaginable physical and emotional harm to women. Similarly, a wealthy Manhattan gynecologist, Robert Hadden, is alleged to have committed more than a dozen sexual assaults on patients, but was allowed to plead guilty with a non-jail sentence.
At the same time, in equal measure my office will recognize the core principle that, as Bryan Stevenson says,“each of us is more than the worst thing we've ever done.”
Bottom line: whenever and wherever possible, defendants charged with violent crimes will have their casesexamined to get a full and complete picture of the person charged.
That means working with defense counsel, social workers, investigators, and law-enforcement to understand thecircumstances that led to this person‘s arrest and to identify how this person may be rehabilitated, and lead asafe, healthy life. That will be the emphasis.
Just merely being charged with a violent crime will not preclude a defendant from being eligible for access to wraparound services, counseling, restorative justice, or other alternatives to incarceration where appropriate.
My office’s philosophy and examining each and every case before it, violent or not, will not be merely what didthis person do, but also what can this person become.
2. Police accountability
How will you hold police accountable for misconduct? Does the DA have a role in cases where the conduct doesnot rise to the level of a crime?
The way I address the issue of police accountability in my campaign, and the way I have stood up to policemisconduct throughout my career as a public defender are a reflection of how I will address this issue while in office. My campaign has, and will maintain, a categorical ban on accepting donations from law enforcement, including police unions. This will ensure that there will be absolutely no perception of conflict of interest with law-enforcement officers or divisions that come before my office.
Upon assuming office, I will establish a dedicated unit to prosecute police misconduct. Because the District Attorney’s office is dependent on the work of the New York Police Department to conduct its day-to-day business, this unit will be entirely independent, and assistant district attorneys, investigators, and unit chiefs that are removed from the normal chain of operation of the office. This will ensure that no investigation of police misconduct is compromised by necessary relationships between traditional assistant district attorneys and staff, and members of the NYPD. However, I will ensure that there is enough communication between the unit and therest of the office to make sure that the police who are being prosecuted and investigated are known to all.
It will be the ironclad policy of my office that any form of police misconduct will never be tolerated,including perjury at trials, hearings, and in sworn documents, physical abuse of members of the public andarrestees, and false arrests.
When police misconduct is identified, my office will share information and resources with other accountabilitysystems, including possible referral to other agencies, and ensure that the other New York City DistrictAttorneys, and the defense bar, are aware of these cases.
Further, upon assuming office, my staff will conduct a review of any pending or closed cases involving officerswho have previously been found to have committed perjury. In cases where it is found that such an officer's testimony played a substantial role in obtaining a conviction, my office will move to re-open the case or dismissit where justice requires.
Finally, the District Attorney’s office has a moral and ethical duty to engage in cases of police misconduct that do not rise to the level of a crime, or where a decision is made not to begin criminal proceedings even where the facts may support it. The community has a right to know who it is interacting with, and the taxpayers of New York have a right to know about the misconduct of the officers whose salary, and the civil rights lawsuit settlements and judgments they fund. The City of New York has paid out nearly a quarter of a billion dollars in NYPD-relatedlawsuits in the fiscal year ending in June 2018. A miniscule amount of those cases were the result of policemisconduct that was also prosecuted. Accordingly, when my office learns of police misconduct that falls below the level of a crime, but is serious enough to warrant some action, I will not hesitate to make sure that those who should know, do know. That may include supporting or partaking in claims to the Civilian Complaint Review Board, informing NYPD supervisors, informing relevant officials in the Mayor’soffice, sharing information with the other New York City District Attorneys, and maintaining a list of police officers for whom future and past cases will warrant scrupulous examination.
3. Community engagement
A lot of DAs talk about working with the community in dealing with issues of public safety. But in many cases those most impacted by the criminal justice system do not trust law enforcement and don't want to be engaged. First, do you believe community engagement is important to public safety, and if so, how do you intend to overcome the community's distrust of law enforcement?
Community engagement is absolutely essential to public safety, and to those who serve at all levels of law enforcement. At a fundamental level, the District Attorney of New York serves every community in Manhattan, and accordingly, every community deserves to have its voice heard, to participate in the discussion anddecisions about how it is policed and protected. That is at the core of a well-functioning democratic system.
Further, as the question highlights, the nature of heavy-handed policing in communities of color in Manhattan has led to distrust of law enforcement in the neighborhoods they police, and a distrust of the District Attorney by extension. As a public defender who has spent over a decade representing the residents of these communities -- where stop-and-frisk tactics and anti-crime policing turned every young man walking down the street into a suspect, subject to an unconstitutional and invasive detention and search -- I know firsthand that this spirit ofdistrust is often deserved. At the most basic level, no community should be targeted for enhanced enforcement or ongoing deprivation of the rights of its inhabitants. At a practical level, all levels of law enforcement need the community’s trust and buy-in to effectively police. Only when there is trust will residents cooperate with the police to help solve crimes and identify potential problems. Accordingly, it is imperative that law enforcement gain the trust of the community being policed.
To address this issue, my office will establish a neighborhood-by-neighborhood program of community outreachand engagement. I will personally walk the streets of the communities long identified as being the targets of over-policing and over-prosecution to speak with residents about their concerns, and how they would like to see things change when it comes to their interactions with all levels of law enforcement. I will host open forums at regular intervals in these communities to be transparent about our policies and goals, and to hear their concerns.And I will hire and dispatch dedicated community liaisons to work in these communities every day, reportconcerns back to our leadership team, and help us refine how we conduct our work.
4. DA's role in shaping the future of policing
There is a lot of talk about re-shaping the police department, even defunding or replacing the PD. And GovernorCuomo has called on cities to submit plans for how there are re-imagining policing. Do you believe the police department should be defunded? Reformed? What do you think isthe DA's role in these conversations?
Because of the overwhelming hostility that police leadership has shown to even the mildest of reforms and accountability measures, it is apparent that the next Manhattan District Attorney must decide whether to prioritize reforms and accountability or their relationship with the New York Police Department. Let me be clear:I will prioritize reforms and accountability.
Despite law enforcement’s long standing objection to the very notion of police reform, the reform movement and police share many of the same goals. Most prominently, there is a shared understanding that the footprint of the police should be reduced. That means we stop asking the police to be social workers, mental healthprofessionals, and crisis counselors, and instead allow them to respond to calls reporting crimes and instances where violence has or may occur, and to investigate crimes committed and determine strategies to prevent further crime from being committed. If we relieve them of the burden of engaging in low-level drug busts, stop expecting them to stop-and-frisk those they encounter in certain neighborhoods with no cause, and stop asking them to police sex work, law enforcement will be safely able to expend their resources on those things they are trained todo, and which keep all of us safe.
“Defund the police'' means many things to many people. I subscribe to the notion that resources allocated topolice for activities police are not trained and equipped to perform, and do not want to do, should instead be allocated to those who are qualified and trained to do them. Move money from the NYPD budget to create a corps of medical and social workers to respond to mental health crises where a weapon is not involved. Reollcate funding from the police budget marked for buy-and-bust drug operations and sex work stings to pay for drug treatment, supportive housing, and vocational training. This is just a start, but it is in keeping with a core belief of my campaign that mass incarceration has not provided the public safety we want and it never will. Our criminal justice system should focus on perpetrators who do real harm, not on petty crimes that takeproductive citizens out of society.
It is consistently shown that increasing police does not decrease crime. Resources can be freed up to be usedelsewhere.
5. Increase in shootings
After years of declines, shootings and homicides have spiked this year. What do you think are the causes of this spike, and how will you drive these shootings down and restore a sense of safety to the community?
You can’t solve violent crimes without the participation and trust of the community you serve. As addressed inquestion three, above, because of a history of over-policing and over-incarceration in many of the same communities that are now suffering from increased shootings, the priority must be on reestablishing trust between community members and law enforcement. Doing so will open up avenues of communication between community members, law-enforcement, and prosecutors, allowing these crimes to be solved and perpetrators tobe identified.
We know from years of study that a very small number of people in very large communities engage in most of the violent acts therein. These communities want a peaceful and safe neighborhood to live in. But we can’t expectthe members of the community to facilitate the hard work of investigative policing if they rightfully fear that the police and prosecutors will act as a hammer and see everybody walking the streets as a nail.
It will take multiple efforts on multiple fronts to improve this situation. I will work with law-enforcement to ensure that the police response to hotspots is measured and appropriate. I will lead the way by going to these communities to speak with the residents and hear their fears of both violent acts and those that stem from over-policing and over-prosecution. I will do the listening and the hard work, and I will empower my staff to do the same, to rebuild the trust necessary so that we can build a true partnership between communitiesand law-enforcement to reduce violent crime.
6. Culture change
Candidates talk about the reforms they want to implement, but reform cannot happen unless the ADAs in the office are willing to go along. How will you manage culture change in the DA's office knowing that there are people working there who may disagree with your policies, and in some cases may actively try to sabotage your efforts at reform?
My policies will be the centerpiece of my campaign. I am proud of my platform and the era of progressive andhumane reform it will bring to the Manhattan District Attorney’s office.
Before I assume office, I will have a comprehensive day-one policy memorandum that lays out in detail the immediate changes that will be made to policy and procedures to ensure that the Manhattan District Attorney’sOffice will no longer prosecute crimes of poverty. This will include reforming how and when bail is requested and in what form, including the total elimination of cash bail; the decrminalization of sex work; a moratorium on prosecuting a range of poverty-based crimes that are better suited for civil adjudications; and ensuring cases that survive arraignments are first considered for treatment programs or other alternatives-to-incarceration before the case proceeds.
Accordingly, when I’m elected, there will be no question what I will seek to do with the policies and procedures ofthe office. It is my hope that those assistant district attorneys employed at the time that I assume office and who share my vision - and know firsthand the need to change not just the leadership but also the culture of the office -- will remain in the office. Conversely, those who prefer the current incarceration-based model of prosecution should plan to seek employment at offices better fitting theirpolicy preferences.
Employees who remain with the office will be expected to carry out these policies and priorities as they would under any other District Attorney. Those who cannot, or will not, will be asked to find employment elsewhere. When the office hires new attorneys, they will be fully briefed on our polices, standards, and beliefs to ensure itis the right fit for both parties.
The progressive prosecutor movement has been growing for nearly a decade now, with former public defenders and civil rights attorneys assuming office in major cities. Many classes of law students across the country have now graduated into this new reality, and I am confident that I can fully staff my office with highly qualified attorneys who not only share my vision for what a prosecutor’s office should do, and what it should look like, but indeed, as with me, it is the reason they chose the law as a profession in the first place.
7. Ethics
What is your view of the ethical obligations of prosecutors? Do they go beyond the ABA rules? How will you set ethical standards for the DA's office and how will you ensure that they are internalized and adhered to by your ADAs?
As the Supreme Court has commanded, the duty of the prosecutor is to do justice, not achieve outcomes. That will inform every decision we make. But the ethical obligations go well beyond the ABA standards as well as the minimal standards as governed in case law decisions by the courts and bar tribunals of our state. Wherever a standard is created for ethical prosecutorial conduct, it will be my office’s policy to exceed it:
● Whereas the law requires that Brady material be turned over at the trial phase of a case, I will make it available to defense counsel the moment my office is aware of it, even at arraignment.
● It will be our policy to ensure that all defendants have all discovery materials in the DA’s possession at thetime of a plea bargain.
● It will be our policy that discovery is turned over the instant my office obtains it, not at preset intervalsby the court.
● Our policy will be to maintain records on every instance of police misconduct, be it physical abuse, othercivil rights violations during police-citizen encounters, or instances of perjury, and to ensure the defense bar is made aware of them. Further, even in this early stage of the campaign I have been in close consultation with scholars and experts in the field of prosecutorial legal ethics to help guide my policies in this area. I will continue this practice for the remainder of the campaign, and after I assume office.
● Finally, I will hire and empower a District Attorney of New York Ombudsman to oversee our legal ethicspolicies, ensure that they are being carried out in each and every department in the office, investigate allegations of behavior that violate our policies and suggest corrective action, and continue to refine our policies.
8. Shrinking the criminal justice system
Many advocates argue that the criminal justice system has become too large, costing too much money and playing too large a role in responding to society's problems. Do you agree? If so, does this mean that the role of prosecutors should also be smaller? Should prosecutors' offices be defunded?
A core belief of my campaign has been that locking up more people, detaining more people pre-trial, and prosecuting more crimes of poverty, does not make us safer. In response prosecutors must change the way they run their offices. The focus will be shifted away from simply processing and prosecuting cases, moving files from arraignment to completion, and towards identifying those types of cases that don’t belong in criminal court to begin with. We will examine the cases that remain, not with an eye toward reaching some form of punishment, but instead trying to address theissues that lead the defendant to now be before the court.
This change in priorities will mean a change in whom we need in the office and how we work. We’ll need more social workers and investigators. More counselors to talk to families, community members, and victims for their input in order to learn what type of justice they seek.
It may mean that resources should be diverted away from the office and towards other social services that can address the issues, both on a community and individual level, that lead to individuals to become entangled inthe criminal system. That may mean city agencies need to hire and deploy front line social workers and mental health counselors, doctors, benefits specialists, and occupational trainers.
I will vigorously advocate for the establishment of a system like the one that has been proven tremendously effective in Denver. In this system, social workers and non-law-enforcement assistants respond to calls for helpfor people with mental health crises in which a weapon is not involved. Disentangling the police from these incidences will result in fewer arrests and fewer prosecutions.
I will not simply prosecute cases at a certain volume to justify my budget. We know that we can decrease crime and decrease the number of people arrested by reallocating resources; I plan to do just that.
9. Race and the DA's office
Racial justice advocates believe that DA's offices should be reflective of the communities they serve, and that it is crucial that the DA's office have attorneys of color, as line ADAs, as supervisors and at the highest levels of leadership. Do you agree, and if so how will you insure that the DA's office is one that attracts, retains and promotes people of color at every level?
I absolutely agree with the premise, and the promise, that prosecutors’ offices should reflect the communities they prosecute. As a public defender, I frequently represented clients from neighborhoods where it was clear that the assigned district attorney had never set foot. The District Attorney of New York’s office has long served as a bastion of wealth and privilege, filled with attorneys who didn’t come from the neighborhoods they prosecuted, and didn’t grow up in circumstances that would in any way enable them to understand what life is like for themarginalized communities on behalf of whom they seek to do justice.
I will not only prioritize diversity in my hiring and staffing decisions, but I will also further prioritize staffing my office with people from the very neighborhoods they will be in charge of prosecuting. I am confident that the culture of my office will attract a diverse body of employees by prioritizing these community ties and treating every person before the court with dignity, respect and an understanding of their circumstances, their background, and most importantly, their potential for the future.
10. Post-conviction justice
Do you believe the DA has a continuing obligation to do justice in cases where someone has been convicted and sentenced? What would you do as DA in such cases
All District Attorneys, regardless of jurisdiction, have an absolute obligation to every case, pending andcompleted, to ensure that the right person has been convicted.
Extensive research on wrongful convictions show that approximately 7-9% of convictions are wrongful.Manhattan alone screens over 55,000 new cases a year, which means there are likely a substantial number ofwrongful convictions every year.
As Manhattan District Attorney I will completely overhaul the current Conviction Review Unit. My Conviction Review Unit (CRU), will be fully staffed with attorneys, investigators, and support staff, and provided substantial funding. Working in conjunction with an Innocence Commission of experts to screen cases that should be reviewed by the CRU. The CRU will review past convictions and make policy recommendations to avoid futurewrongful convictions. By exposing and correcting past wrongful convictions, we not only restore the public trust in the justice system, we implement reforms to prevent innocent people from going to prison in the future.
11. Decriminalization of Sex Work
Do you favor decriminalization of sex work? Do you support the legislation sponsored by State Senators Julia Salazar and Jessica Ramos. Bills A.8230/S.6419)
Yes. 100%. As a public defender for my entire career, I have always and will continue to advocate for thefull decriminalization of consensual sex work.
We must decriminalize sex work in order to protect sex workers from police violence, help sex workers accesshealth care, lower the risk of violence from clients, reduce mass incarceration, and advance equality in the LGBTQ community, especially for trans women of color, who are often profiled and harassed whether or notthey are actually sex workers.
12. Nordic Model
Will you actively oppose legislation that would implement the dangerous Nordic model instead of decriminalization of prostitution?
Absolutely.
13. Record Relief Legislation
Do you support the Record Relief legislation which would expand the relief available to survivors of human trafficking? Bills A06983/S04981 Bills A9040/S2144
Yes.
14. Walking While Tran
Do you supportive Walking While Trans legislation the state legislature? Bills A00654/ S02253
Absolutely. I have always been exceedingly outspoken against this.
15. Supervised Consumption Spaces
Do you support the establishment of supervised drug consumption spaces?
Yes.
16. Elder Parole
Do you support the “elder parole” legislation which provides seniors 55 years and older, who have served 15years in prison, the right to apply for parole? Bills A9040/S2144
Yes.
17. Hiring Practice
Will you affirmatively seek to hire formerly incarcerated individuals?
Yes. I have formerly incarcerated individuals as members of my campaign team and will certainly havethem as members of my office as well.
18. Demonstrations and Protests
Have you participated in any demonstrations or protests in relation to the issues of clemency and parole?
What press conferences, demonstrations, rallies and protests in support of LGBT issues, pro choice legislation,criminal justice issues and the Resist Trump Movement have you attended?
I have attended more demonstrations, protests, rallies, and press conferences than I can count. As a public defender, we regularly protested, whether it be fighting for bail reform, discovery reform, parole reform, and for clemency. Women’s March, March for Our Lives, Black Lives Matter (x50+ starting in 2014), Millions March, Resist Trump, Abortion Access, post-Supreme Court decisions, sex worker rallies, Black trans sex worker livesmatter, Queer Liberation March, Stonewall, Black Trans Lives Matter, opposing walking while trans, BLM to public defenders, and more.
19. Solitary Confinement
Do you oppose solitary confinement?
Yes. Very strongly. As a public defender, I saw the impact of being in “the box,” aptly nicknamed due to its makeup (tiny in size and windowless). It is inhumane and torturous. No one should be held in solitary confinement. Ever. Period. Under any circumstances. We must stop engaging in torture via solitary confinement.
20. Sanctuary City
What proposals will you advocate for to protect immigrants and the further New York as a Sanctuary City?
As the granddaughter of a refugee who was forced to flee the Nazis during World War II, and as a matter of puremorality, I strongly believe in protecting immigrants.
My record of serving immigrant communities and promoting racial, social, and economic justice as a public defender will give a strong voice to all the people of Manhattan. With each day bringing a fresh wave of attacks on our immigrant communities, it’s more important than ever to have elected officials who will advocate for immigrant rights and who will work to reform the criminal legal system, including preventing the over-policing and criminalization that many of our community members experience every day.
My office will follow the six point model established by San Francisco District Attorney Chesa Boudin to protectimmigrant communities:
- Establish an Immigration Bureau inside the office to address the needs of both immigrantdefendants and victims;
- Prevent collateral consequences to defendants resulting from a conviction that are based solely onimmigration status;
- Investigate and prosecute crimes committed by ICE agents or other law enforcement agents whoviolate New York City’s legal protections for all immigrants;
- Using the outreach outlined in question 3, above, work to build trust with immigrant communities
- Help immigrant crime victims obtain a U-Visa in every possible case where that relief is available;
- Advocate for universal legal representation for immigrants in deportation proceedings
21. Determinations of Parole
Do you believe sincere remorse, risk of reoffending and actions taken while incarcerated should be considered over the original crime in determinations of parole?
Yes.
Will you have a general policy of writing letters of support to the Parole Board for people convicted in New York County when they become eligible for release from prison?
Yes. As I brought to the attention of the club during the forum thanks to my experience as a public defender for over a decade, the current Manhattan DA’s office has a blanket policy of writing letters “strongly opposing theearly release of inmate (fill in client’s name here).” It was always horrifying to me that they did this and it trumped the letters I submitted as a public defender in support of my clients. I commit to reversing this policy as District Attorney and to joining the application for early release by defense counsel.
I will have a dedicated conviction review unit that reviews cases and weighs in on these decisions.
22. Visiting Correctional Facilities
Do you commit to visit constituents who are incarcerated in state prisons such as Bedford Correctional Facility to assist in bids for parole?
Yes.
23. Law Enforcement Contributions
Will you reject all campaign contributions, endorsements, and outside spending from organizations that exclusively represent police, correction, and/or court officers.
I will never accept a single cent of law enforcement contributions, from officers, law enforcement unions, relatedPACs, and their court officer analogues. A District Attorney must be both fearless and uncompromising in holding the police responsible for their actions when they perpetuate injustice. Rejecting financial contributions helps ensure that there will never be an incentive to compromise on this issue, or the suggestion that my office hasdone so.
24. Real Estate Contributions
Will you reject all contributions from the real estate industry?
I am not accepting any donations from corporate PACs or predatory real estate. As a public defender who hasrepresented over 3,000 people in New York City, my fundamental loyalty is always to the public.
25. New York State District Attorney Association
Do you commit to not becoming a member of the District Attorneys Association of New York State?
Absolutely. I will withdraw from DAASNY the day I am sworn in. DAASNY was responsible for preventing desperately needed criminal justice reform for many years and was one of the biggest roadblocks to passing reforms through the state legislature. DAASNY is a lobbying group for prosecutors and has fought against real reform at every turn.
I will have my own legislative affairs office to lobby for real reform in New York City, Albany, and nationally throughcollaboration with other decarceral DAs across the country.
26. Defense Attorney’s Contributions
How will you handle contributions from defense attorneys with active matters before the Manhattan District Attorney's Office?
Unfortunately, the current occupant of the office has eroded public trust. So I have to rebuild it.
Cy Vance has created a deficit of public trust in the office and to combat that and rebuild, we will be fully transparent.
I will have a sentence review unit that has full transparency and all data will be publicly available. Contributiondata will also be publicly available. Anyone can hold me accountable. As I have said before, I cannot be bought.
27. LGBTQ Support
Do you consider yourself a member of the LGBT community?
I believe sexuality is often a spectrum and though I’ve never publicly affixed a label to my own, aspects of my sexual orientation have been attacked in ways that give me a deep empathy for those who do despite the challenges that still exist in society.
I am and always have been a strong ally of the LGBTQIA+ community and I’m honored that so many LGBTQIA+ New Yorkers are supporting my campaign. As Manhattan’s next District Attorney, I will use all the power of myoffice to combat any form of bigotry or discrimination.
Will you commit to hiring a member of the LGBT community to serve as a liaison to the community?
I will of course hire members of the LGBT community to serve in all capacities in my office, including as aliason.
What LGBT organizations have you been involved with, either on a volunteer basis or professionally?
Lambda Legal, HRC, Grassroot Soccer (GRS is an international organization that uses Africa's most powerful role models, professional soccer players, to educate youth about the dangers of HIV/AIDS). I ran the Marine Corps Marathon and used the opportunity to raise thousands of dollars for the Whitman-Walker clinic, whose mission is to offer affirming community-based health and wellness services to all, with a special expertise in LGBTQ and HIV care, and to empower all persons to live healthy, love openly, and achieve equality andinclusion.
Have you marched in Pride? Which marches and for approximately how many years?
I’ve marched in Pride every year for over a decade. I have also marched in the Queer Liberation March.