Candidate Answers to JOLDC: Tali Farhadian Weinstein for Manhattan District Attorney

Candidate Name: Tali Farhadian Weinstein

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?

Incarceration should always be a last resort, whatever the nature of the crime. I also believe that for all crimes, we should use, when appropriate, diversion and other alternative programs proven to advance public safety. For example, when I worked as the General Counsel for the Brooklyn District Attorney, the office used diversion programs for gun possession, and restorative justice through Common Justice for some violent crimes. I would like to bring similar programs to Manhattan. 

2. Police accountability

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

I’ve spent most of my career in law enforcement, and have always been guided by the principle that everyone is equal under the law -- no matter who they are or what uniform they wear. As the General Counsel to the Brooklyn District Attorney, I supervised the Law Enforcement Accountability Unit, which both investigated and prosecuted criminal activity by police officers and kept track of incidents of misconduct and other information that reflected on officers’ credibility.  

As for discipline inside the police department, we need the system to move faster and be much more transparent. We've made some progress in New York on transparency with the repeat of 50-A, but there is more to do. District attorneys need to know when we have police officers who shouldn't be on the force, and be able to share that information with other jurisdictions. That's why I support calls for a national, regional or a city-wide database tracking certain police misconduct.

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 essential to public safety. It is especially important to engage with communities that feel vulnerable to or skeptical of law enforcement, like Manhattan’s immigrant community, both documented and undocumented, so that victims and witnesses feel safe coming forward. 

I believe that the reason the position of district attorney is elected (rather than appointed) is precisely so that communities can weigh in on how they would like to see the law enforced and justice delivered. The justice system has alienated and let down too many New Yorkers. I will work hard to build trust with every person in every community, so every New Yorker can feel safe, seen, and protected. 

I also believe that investing in community programs -- leveraging on communities’ own expertise and understanding of their needs -- is one of the best ways to stop crime before it happens. 

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?

I think the word “defund” is inflammatory and not solution-oriented. But New Yorkers -- and people across the country -- are engaged in a productive and fertile conversation on how to change the footprint of the police, how we can engage people with other competencies like social workers to do some of the work that has fallen on the police department, and how to build more trust between the police and the communities they serve.  Not coincidentally, those solutions are also the subjects of criminal justice reform.  

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 are experiencing a multifaceted crisis, and it's hard to determine the causes of the rise in gun violence in real-time. Historically, we know that violence, including gun violence, tends to go up when people are under economic and psychological stress -- as they surely are now because of the pandemic. As district attorney, I understand that combating gun violence is central to the mission of the office. 

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?

In the Brooklyn District Attorney’s Office, I was part of the leadership team charged with implementing the office’s criminal justice reform agenda, and believe I am the only candidate with experience designing and managing, daily and on the ground, the cultural change this question describes. I am proud of the work I did with my colleagues in Brooklyn and look forward to using similar leadership tools in Manhattan -- for example, setting new default positions for ADAs, changing metrics for evaluations, and changing reporting structures. As Barry Scheck would say, we must work to create a “just culture” and treat our colleagues with an openness and recognition that all of us can grow and do better. 

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 that ABA Rule 3.8 (Special Responsibilities of a Prosecutor) and the corresponding New York Rule of Professional Conduct set a floor and a framework on which the DA’s Office must build. ADAs should receive extensive ethics training, and I have developed a curriculum for such training drawn from case studies around the country. The district attorney’s office must also have a dedicated ethics officer who can advise ADAs on ethics and professional responsibility outside of their normal chain of command; I had this responsibility in Brooklyn as the Chief Ethics and Professional Responsibility Officer. Finally, I believe that there should be a system for greater oversight and discipline for prosecutorial misconduct.

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?

Prosecutors must do less to do more. The district attorney must lighten the criminal justice system's heavy hand by foregoing prosecutions that send people into the system unnecessarily and unfairly, perpetuating racial injustice and poverty. Then, prosecutors must use their resources to pursue cases that truly advance public safety. 

Law enforcement generally, and prosecutors, in particular, are only part of the solution; others must also work separately or in partnership with law enforcement to address root causes and strengthen communities. Regardless of spikes or declines in various crime rates, combating violence or harms against any New Yorker will always be a priority for me. That requires a strong and robust team to enforce existing laws, alongside a renewed focus on engaging affected communities to help stop violence before it can spread.

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? 

In Brooklyn, I helped serve one of the most diverse counties in the country. My colleagues and I worked hard to implement a staff that reflected the borough’s diversity -- from young line attorneys through the supervisory ranks. Voters rightfully want to see someone they feel represents them, understands their challenges, and can and will do the work to meet their needs and advance their interests. As a woman and as an immigrant, I know the way existing power structures benefit different people, and I have the credibility and the experience to get the job done right.

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?

 Absolutely. I had the privilege of managing the nation's premier, and largest, Conviction Review Unit, which Eric Gonzalez and the late Ken Thompson built together. Together with the Innocence Project and WilmerHale, we also published a first-of-its-kind report detailing and studying the reasons behind the first 25 exonerations in Brooklyn, which added up to a staggering 426 years of wrongful imprisonment.

I also led the design and creation of Brooklyn’s Post-Conviction Justice Bureau, the first stand-alone bureau of its kind in the nation, to emphasize the importance of prosecutors’ ongoing responsibility to pursue just outcomes even after convictions are final. In addition to wrongful convictions, the Bureau addresses parole and clemency proceedings, conviction sealing, and excessive sentencing review. I am an advocate for new legislation to allow us to address excessive sentencing claims better.  

I hope to bring to Manhattan these models and my experience in leading the pursuit of post-conviction justice.

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’m not there, though I am open to learning more about this issue. What I am for is not prosecuting victims. For too long, not just in these cases but across sex crimes, the focus has been on investigating the victim rather than the offender. This is a culture that I will be looking to change as district attorney. I also want to be sure we have the tools we need to protect the most vulnerable victims, like victims of sex trafficking. 

12. Nordic Model

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

No. As I understand it, the Nordic/equality model seeks to keep fairness and safety in balance and to give prosecutors the tools they need to investigate and prosecute sex trafficking. 

13. 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)

Yes. 

14. Walking While Trans

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

Yes. 

15. Supervised Consumption Spaces

Do you support the establishment of supervised drug consumption spaces?

Yes. As district attorney, I will work with local officials and community leaders to ensure facilities are developed and social programs are implemented throughout Manhattan. 

16. Elder Parole

1. 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)

Yes. Keeping elderly people incarcerated often does nothing to promote public safety, and it perpetuates the problem of mass incarceration. As I did in Brooklyn, I would also create a Post-Conviction Justice Bureau in Manhattan to address excessive sentences and will continue to advocate for new legislation to make sure those claims can be heard and adjudicated. 

17. Hiring Practice

Will you affirmatively seek to hire formerly incarcerated individuals?

Yes, I think people all around New York in different industries should make that commitment so that we can have successful reentry for people who are returning from prison. I also think that the DA's office should hire individuals who have been the victims of crimes. It is important to have a diverse workforce from top to bottom.

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? 

Regarding clemency and parole: I believe in second chances. In Brooklyn, I led the design and creation of the first bureau in the country dedicated to second chances, or post-conviction justice. We supported parole and clemency, and created new protocols around our role in these processes, including establishing that, in cases that had ended in a guilty plea, the office would support parole at the first opportunity as a default rule. The office also took particular care to study and evaluate parole applications from cases in which young offenders had been sentenced to long terms. 

 Regarding resistance: All of us are responsible for using every power at our disposal to resist what we see as injustice coming out of the Trump administration. My team in Brooklyn joined together with the Attorney General to sue President Trump and Immigration and Customs Enforcement (ICE) over their courthouse arrest policy. We had found that ICE had started using our office as bait to pick up people, whether they were the witness, the victim, or the defendant in our cases, and throw them into deportation proceedings. This practice was interfering with our ability to deliver on safety for vulnerable people. I consider that lawsuit an act of resistance, and I’m happy to say we won. A federal court declared the practice of arresting noncitizens in and around state courthouses illegal.

19. Solitary Confinement

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

I think solitary confinement is deeply troubling and should be very limited. In my own experience as a federal prosecutor, in rare instances, we had to request solitary confinement for the incarcerated person's safety. 

20. Sanctuary City

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

This issue is personal for me because I came to the United States as an immigrant and,  like many others that I have encountered, was vulnerable to the country’s legal system. My family and I sought asylum for ten years and only found security in our status when President Reagan did an amnesty in the late 80s, allowing us to become citizens. 

Every district attorney should measure their delivery of justice in part by their ability to protect noncitizens. I certainly would. In Brooklyn, we made looking out for noncitizens a major focus of our practice. Ours was the rare office that took collateral consequences for noncitizens into consideration when charging cases. We committed to making decisions that would not trigger a family separation or deportation unjustly. We also prosecuted cases where noncitizens were the victims of scams and frauds, which I intend to continue in Manhattan.

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 led the design and creation of Brooklyn’s Post-Conviction Justice Bureau, which included a Parole and Clemency Unit responsible for implementing new policies governing the office’s participation in parole and clemency proceedings for incarcerated individuals. Our policy was to support parole at the first opportunity for cases that were resolved in a guilty plea (which is almost all cases), and to require ADAs to obtain supervisory approval if they wished to oppose parole. This approach is game-changing, and I am proud to have helped put an end to the practice of automatically opposing an individual's parole. As district attorney, I will continue this work and be an active participant in parole proceedings. 

22. Visiting Correctional Facilities

1. Do you commit to visit constituents who are incarcerated in state prisons such as Bedford Correctional Facility to assist in bids for parole?

Yes. District attorneys should regularly make such visits. At the Brooklyn DA’s Office, I joined DA Gonzalez in visiting Otisville, and I have visited other facilities. I also encouraged ADAs I supervised to make such visits. In general, I believe district attorneys must commit not only to visiting prisons but to having ADAs, when appropriate and possible, meet with individuals who have applied for parole or clemency. 

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 have made the commitment to decline campaign contributions from unions that represent members of law enforcement agencies that work with the District Attorney’s Office.

24. Real Estate Contributions

Will you reject all contributions from the real estate industry?

I will not refuse to accept contributions from real estate or any industry in particular.

25. New York State District Attorney Association

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

Regardless of membership in DAASNY, the district attorney of Manhattan must stand up for and advocate for policies and legislation that are right for the people of Manhattan, and no one else.

26. . Defense Attorney’s Contributions

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

I am the only candidate who has pledged to accept a maximum of $1 from lawyers who have a criminal defense practice in New York. Critically, this includes their partners and their firms. I believe the practice of taking political contributions from those lawyers and their partners and firms has led to insecurity, particularly for victims, and degradation of trust in the office. To me, that is the true conflict that must be avoided.  

27. LGBTQ Support

Do you consider yourself a member of the LGBT community?

Will you commit to hiring a member of the LGBT community to serve as a liaison to the community?

What LGBT organizations have you been involved with, either on a volunteer basis or professionally? 

Have you marched in Pride? Which marches and for approximately how many years?

I am not a member of the LGBTQ+ community but try to be an ally and a champion of justice and equality for all. I will commit to hiring a member of the LGBTQ+ community as a liaison. I think to be a good prosecutor, you have to look out for every victim, and I try to bring that sensitivity to every part of my work. As district attorney, I will look to bring on individuals of all backgrounds to ensure our office reflects the diverse city it represents, including members of the LGBTG+ community.