Candidate Answers to JOLDC: Diana Florence for Manhattan District Attorney

Candidate Name: Diana Florence

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?

 Many low-level offenses are better dealt with outside the criminal justice system and this can be true of some more serious offenses as well.  When appropriate, incarceration alternatives should be considered. Restorative justice, treatment alternatives, mental health services, and supervised and supportive monitoring are all alternatives for justice and safety.  

However, some cases will warrant a period of incarceration but even then, the period of confinement should be defined, and the offender should be directed to pre-entry services.  We need to move beyond the re-entry and instead focus on the idea of pre-entry.  In collaboration with the defendant, their attorney, the Department of Corrections and other stakeholders and community-based organizations, pre-entry is a plan for prison and beyond.  Pre-entry gives incarcerated people the support and focus to successfully and safely navigate the prison term.  Pre-entry would provide on-going community contact, job training, counseling and most of all, a sense of hope and purpose.  At best, re-entry focuses on the last six months to a year of incarceration, but pre-entry allows for a focus while incarcerated and provides for more opportunities after release.

 2.        Police accountability

How will you hold police accountable for misconduct? Does the DA have a role in cases where the conduct does not rise to the level of a crime?

As District Attorney, I will ensure that the office will have a dedicated, adequately resourced unit to investigate police misconduct. And we will establish an MOU with the CCRB to comb for criminality in misconduct cases under their jurisdiction. Police officers who commit crimes should not, and do not, fall outside the jurisdiction of the DA. However, an official MOU will allow law enforcement to better collaborate and communicate. I will also partner with other city agencies tasked with monitoring police accountability and assist them in developing investigation skills and best practices.

 It is essential that police officers are held to the same ethical standards as district attorneys, defense attorneys and judges. Assistant District Attorneys will be instructed to thoroughly investigate any allegations of misconduct or abuse of authority and they will be supported by leadership when they identify concerns.  Misconduct of any type is unacceptable. I will not excuse indiscretion when it comes to the actions of police or prosecutors.  My assistants will fully understand that HOW we do justice is as important as the justice we do. 

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 will be the cornerstone of my work, just as it was when I lead the Construction Fraud Task Force.  I established a collaborative model of prosecution, bringing diverse stakeholders to the table.  Meeting people where they’re at is key to public safety. As an ADA I got housing fraud cases from going to Community Board meetings. I set up a WhatsApp group to give people who might not feel comfortable (i.e.: undocumented workers, immigrants, traditionally marginalized communities), or didn’t know how to approach the office, a safe space to report abuse. And as a fluent Spanish speaker, I will prioritize multi-lingual services and making sure that our website and public facing documents are translated into multiple languages.

I will prioritize a robust community outreach plan establishing a DA presence in local libraries, community centers, NYCHA properties and public hospitals.  Understanding the life of a community, its values and priorities, means being present IN the community. Trust is fostered in partnership.  As ADA, I forged coalitions that weren’t solely focused on prosecutions but were equally committed to seeking wage restoration and providing certified safety trainings to workers normally excluded because of their citizenship status or limited access to such programs.  Distrust of law enforcement is rooted in the notion that the police (and by extension the DA’s Office) are an occupying force, arriving in a moment of crisis (or creating a moment of crisis) and ultimately leaving a community more fractured.  I am committed to bringing real resources to the community and establishing working collaborations with groups throughout Manhattan. 

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 Governor Cuomo 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 is the DA's role in these conversations?

Effective policing is only possible when communities and law enforcement engage together to establish priorities, strategies, resources and accountability.  Forty years ago, the Reagan Administration, under the guise of economic crisis, defunded community centers, mental health services, after school programs, public housing assistance, etc.  And forty years later the effects of defunding continue to destabilize cities. A budget is a moral document and we need a funding plan that thoughtfully reinvests the NYPD’s expansive $6 billion budget into community programs, like afterschool, mental health services, housing, addiction services, violence prevention programs, and more.  Democratic policing means that we as a city make decisions about how to fund public services based on need and accountability. It’s very clear that the NYPD budget has been allowed to balloon with little oversight while the city defunds other services. It’s time to thoughtfully right size that equation. We can have safer streets and smarter community investment. 

We also need to tax higher income earners to offset the costs of necessary programs which is why I support progressive tax reform. New York City is home to people with hundreds of millions of dollars and billionaires who need to pay their fair share for a safer, more equitable city. We can meet these unprecedented challenges by prioritizing facts over fear and making the city more livable for everyone.

The role of the District Attorney goes beyond simple law enforcement, to serve as an advocate for safety and sound decision making and help move the needle forward on difficult conversations.

 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?

 We will not tolerate guns and gun violence in New York City.  I am committed to investigating and prosecuting illegal guns. The availability of guns in this country is a long-standing public health crisis, and like the coronavirus, thousands of people are suffering needlessly because of a lack of national leadership. Also, like coronavirus, the gun violence pandemic affects Black and Brown communities at a much higher rate than the general population due to longstanding issues of systematic racism. It’s also vitally important that we stick to the facts about crime, and not confuse homelessness, protest, and economic injustice with lack of safety. 

However, the uptick in violence is clearly related to the escalating economic crisis, mass unemployment and its resounding effects on housing security and the broader social safety net.  Mapping out the workforce needs for a future thriving NYC and then developing public and private partnerships directed at those at risk is key to address the problem. Opportunities, real opportunities, are a major tool in stemming violence.  

 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?

We can make the necessary changes at the Manhattan DA’s Office to meet the demands of justice in the 21st Century.  As a former Assistant, I know the inner workings of the Office.  As a woman prosecutor in that Office, I have dealt with the sexism and the double standards.  As a creative prosecutor, I have dealt with the pushback from bosses who lacked vision. As a prosecutor who believes in the legacy of Robert M. Morgenthau, prosecuting without fear or favor, I have withstood the targeting and the bullying by supervisors who often gave inappropriate access to former colleagues now serving as defense attorneys. Each time I figured out how to work around it to fight for justice. 

Real organizational and systemic change comes from both inside and out.  Knowing personnel, procedures, history, intersecting agencies, etc., makes me better equipped on day one. I know firsthand the importance of good leadership, the demands of the work, and the value of integrity.  I can make the changes we need to bring fairness and equity we all deserve. As an ADA, I implemented a co-prosecution model which allows more flexibility in the application of office resources.  A co-prosecution model breaks down the silos, expands the scope of focus, and community collaboration.  My vision includes bringing agencies and communities together with prosecutors around issues of concern. I plan to have advisory groups working on issue driven solutions. They will know what my values are because I will engage directly with them and appoint and manage a leadership team that serves the citizens of New York. 

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?

 I believe the ethical obligation of the District Attorney is to seek justice in every matter.  And to seek justice in every matter is to understand that justice should be afforded to all persons, always.  The District Attorney has immense power, and must practice with integrity, fairness and transparency. There is an obligation to seek facts, understand circumstances and context, and treat victims, witnesses and offenders with respect. Prosecuting cases, and holding people accountable for bad actions, is never about winning. It is never about a formulaic approach and it is certainly never about sending people to prison. Prosecuting is about reconciliation.  Not the easy reconciliation of an apology no matter how sincere but a forged reconciliation which demands accountability, the understanding of collateral damage and community harm and the notion that no person should be defined solely by their mistakes.  I think the young and future Assistant District Attorneys of Manhattan are looking to do justice tempered by an understanding of science and circumstance, and an eye on social and racial inequities.  I have always practiced justice with compassion and would train my assistants in the same approach. 

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?

 The revolving door of the criminal legal system has inflicted huge harm, and a conversation about real reform has to acknowledge that failure. We all want to be safe at home, safe at work and safe on the streets, but locking up people for low level offenses and never looking at the root cause hasn’t served that shared goal.  We are not helping homeless LGBTQ youth sleeping in the subway or park; transgender New Yorkers going about their lives; people jumping a turnstile; people with addiction issues buying or using drugs; mentally ill people wandering the streets by sending them off to Rikers.  

 There are creative solutions to using the criminal justice system to address societal and systemic issues: First, using settlement and forfeiture funds to directly address the underlying causes of crimes.  Partnering with and supporting community-based efforts is an effective tool in addressing quality of life crimes.  Second, the growth and success of specialized courts also plays a unique role in addressing the needs of particular populations:  Mental Health Courts, Veterans Court, Youth Court, etc.  The District Attorney, in collaboration with the Defense Bar and Jurists, have the latitude to explore alternatives to incarceration.  I believe very strongly that our criminal justice system, and the District Attorney in particular, does not have to rely heavily on incarceration but instead can be a partner bringing justice, opportunity and healing.

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 ensure that the DA's office is one that attracts, retains and promotes people of color at every level?

 Any District Attorney’s Office should reflect the communities it serves, but the point of workplace diversity isn’t just representation: it’s to broaden our collective thinking and make sure the best public servants have an equal opportunity to rise.

Unfortunately, the Manhattan DA’s Office has not always lived up to this ideal and has struggled to maintain a workplace with opportunities for all.  Diversity begins with recruitment and reinforced with retention and promotions.  As District Attorney, I would begin with a strong high school, college and law school internship program. Inviting diverse, young voices into the workplace sends a message both externally and internally.  Mentoring and educating interested diverse learners is a way to initially invest in a more representative workplace.  I would appoint a diverse hiring board and make sure that they were trained to recognize both explicit and implicit biases.  Borrowing from best business practices, I would see that they were trained on motivational interviewing skills and cultural competency. I would direct the legal hiring unit to specifically target affinity groups at law schools and participate in recruitment fairs at events sponsored by those groups (Black Prosecutors, Lavender Law, Asian Bar Association, Hispanic National Bar Association, etc.).  During interviews of potential hires, I would structure the interview to include a diverse panel of assistant district attorneys, making sure to include women/gender non-binary and people of color. In terms of promotion and retention, I would make sure that all promotion opportunities, along with stated qualifications and skills, were openly advertised and well publicized.  Too often, opportunities and paths to promotion are unknown and unlisted. Transparency is critical to a workplace with opportunities for all.  Finally, I would mandate that one deputy position in each bureau and unit be appointed for a one-year term.  Exposing more candidates to leadership positions allows for a more diverse promotional pool.  When people see a path to promotion and feel appreciated and supported for their expertise and have their opinions respected and ideas incorporated, it can be transformative.

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?

 The District Attorney’s Office should always be prepared to review its convictions. The DA’s Office needs a revamped and rigorous review process that allows for as much transparency as possible. Furthermore, rather than remaining silent or issuing a standard letter opposing parole, I would mandate the Office to support parole unless there are clear issues of public safety which make it impossible.

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 (A8230/S6419)

 I support the decriminalization of sex work. 

12.  Nordic Model

 Will you actively oppose legislation that would implement the dangerous Nordic model instead of decriminalization of prostitution?

 The Nordic Model is the wrong approach. It’s been debunked and disproven to make sex workers more safe or protect victims of human trafficking. Plus, I don’t see the wisdom or the logic in carving out this particular exchange for prosecution. Research indicates that some purchasers of sex include disabled people, older people, etc. and that there is no data suggesting they commit large scale personal or communal harm. 

12.  Record Relief Legislation

 Do you support the Record Relief legislation which would expand the relief available to survivors of human trafficking? (A06983/S04981 and A9040/S2144)

 I fully support expanding legislative relief to survivors of human trafficking. Civil disabilities (ineligibility for certain housing, certain jobs, tuition assistance, etc.) are an unfair burden and often lead to further harm to an already traumatized individual.

13.  Walking While Trans

 Do you support Walking While Trans legislation in the state legislature? (A00654/S02253)

 I fully support the repeal of loitering for prostitution laws (“Walking while Trans”). First, the loitering law, because of its overly broad interpretation, has become a tool of harassment in the hands of overzealous police and prosecutors. Trans women, and trans women of color in particular, are harassed and intimidated for merely existing. Second, trans people live in every neighborhood and contribute to the life of this city and we as New Yorkers and we as law enforcement should take particular care to see that they are treated with equity and respect.

14.  Supervised Consumption Spaces

 Do you support the establishment of supervised drug consumption spaces?

 Addiction is a health care issue and not a criminal justice issue.  Given the large number of New Yorkers who struggle with addiction and given the unregulated nature of narcotics, it is only right to support safe consumption sites.  Of course, the goal is to help get the addicted person to sobriety but that is only possible if they are alive.  Safe consumption sites follow a smart harm reduction model. 

16.  Elder Parole

 Do you support the “elder parole” legislation which provides seniors 55 years and older, who have served 15 years in prison, the right to apply for parole? (A9040/S2144)

 I support Elder Parole legislation which considers the age and the amount of time served for an incarcerated inmate.  European nations have practiced elder release for many years with no significant impact on public safety.  Continuing to incarcerate elders is not only costly but lacks compassion.  In addition to parole, we need to advocate for social services programs and have a plan so that elders can safely and healthily re-enter our communities.

17.  Hiring Practice

 Will you affirmatively seek to hire formerly incarcerated individuals?

 Yes.  Where appropriate I will seek to hire formerly incarcerated individuals.

18.  Demonstrations and Protests

 A.   Have you participated in any demonstrations or protests in relation to the issues of clemency and parole? 

B.     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?  

During my years as an Assistant District Attorney, I was precluded from participating in demonstrations or protests.  Since leaving the Office, pandemic concerns have limited my activities, but I’m getting out!

19.  Solitary Confinement

 Do you oppose solitary confinement? Do you support the HALT Solitary Confinement Act (S. 1623/A.2500) 

 As a regular practice within jails and prisons, I oppose solitary confinement.   

20.  Sanctuary City

 What proposals will you advocate for to protect immigrants and further New York as a Sanctuary City? 

As the Chief of the Construction Task Force at the Manhattan DA’s Office, I often worked with undocumented immigrants. I went to worksites, I worked with unions to offer OSHA certifications and I used WhatsApp so that people could communicate with me directly and safely. Their status made them particularly vulnerable to unscrupulous employers, unsafe working conditions, and wage theft.  And because of their concerns, they were often reluctant to report crimes to the police or DA’s Office, given the ease of obtaining testimony in public proceedings to by federal authorities. In order to ensure access to justice for all, I regularly moved for and won rulings precluding questioning about immigration status of any witness. I will implement this policy office wide so that no one should be precluded from seeking justice from the courts due to their immigration status.

I think it is critical that the DA’s Office meet people where they are comfortable.  We can do that by broadcasting directly on our website a commitment to keeping undocumented persons safe and it should be in a variety of languages. I would make an extremely focused outreach to the various foreign consulates in NYC, knowing that the immigrant community often seeks advice and assistance there. I would train the consulate staff on a variety of issues (wage theft, human trafficking, domestic violence, etc.) and join them in their educational efforts.  And I would use all the modern technologies available to communicate and assist undocumented persons to limit the need for them to appear in courtrooms.

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? 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?  

 I do believe that sincere remorse, risk of re-offending and actions taken while incarcerated are all critically important factors and indicators when considering parole. My “pre-entry” model which would absolutely address this very issue.  Right now, the focus is on re-entry, but I believe an earlier focus has greater potential for all.  With a pre-entry approach, incarcerated people will begin their term with a plan and a focus. All Assistants would work with defense counsel and Corrections to develop such plans and be prepared to draft letters supporting parole when the time comes.

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?

 I absolutely commit to visiting constituents who are incarcerated and where appropriate, I will support their applications for parole.

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 reject all campaign contributions, endorsements and outside spending from organizations that exclusively represent police, corrections and court officers, as well as money from people connected to the bail bond industry.

24.  Real Estate Contributions

 Will you reject all contributions from the real estate industry?

 I will not accept donations from developers. (Given my work as head of the Construction Fraud Task Force at the Manhattan DA’s Office, I do not expect to be their favorite candidate).

25.  New York State District Attorney Association

Do you commit to not becoming a member of the District Attorneys Association of New York State? 

While the District Attorneys Association of New York has not been a progressive voice for change within the criminal justice system, I believe that a more progressive Manhattan DA can have an outsized influence. I am also unafraid to make my dissenting views known and would have no hesitation to use my platform as the Manhattan DA to criticize practices I see as unjust. 

26. Defense Attorney’s Contributions

How will you handle contributions from defense attorneys with active matters before the Manhattan District Attorney's Office?

Defense attorneys have a legitimate interest in who is running a district attorney’s office.  Everyone who participates in the work of criminal justice and everyone who relies on the work of the district attorney’s office should be concerned that whoever leads the office does so with integrity and transparency.  

To that end, if elected, I will establish a website portal where I will regularly post outcomes of all cases and list the defense attorneys involved, and how cases are disposed of (by plea, by trial, by dismissal). With this added level of transparency, people will be able to see that contributing defense attorneys (or former Assistant District Attorneys now working as defense attorneys) and their clients are not being favored. I will also not meet with, nor will my executive staff meet with, former ADAs working as defense attorneys. I know firsthand the improprieties and potential improprieties of granting special access to particular defense attorneys.  I fought against it when I was an Assistant and I will not allow it when I am in charge.

27.  LGBTQ Support

 A.   Do you consider yourself a member of the LGBT community? 
I consider myself an ally of the LGBTQ Community. 

B.    Will you commit to hiring a member of the LGBT community to serve as a liaison to the community?  
I would absolutely hire an LGBTQ Advisor and I would give them a position on the Executive Staff so they could have an influence on all policies and practices of the District Attorney’s Office. 

C.   What LGBT organizations have you been involved with, either on a volunteer basis or professionally?  
Again, because of ethical restrictions and guidelines, I was limited in what I could participate in and join as an Assistant District Attorney.  However, I have throughout the years attended forums related to Criminal Justice at the LGBTQ Community Center in Manhattan.  In the age of COVID/Zoom, I have joined several discussions sponsored by the New Pride Agenda.  I have also participated in inter-office programs directly addressing LGBTQ/Criminal Justice. 

D.    Have you marched in Pride? Which marches and for approximately how many years? 
I have not marched on the occasions that the Manhattan DA’s Office participated because participation was often capped, and I supported the idea that the march should highlight my LGBTQ colleagues. However, as a longtime Manhattan resident, I have enjoyed attending the march (and have offered my apartment as an available bathroom spot for my colleagues during the long afternoon/route. Thoughtful allyship for sure!)