Gov. Kathy Hochul is trying to build momentum for her chief proposed fix to the no-bail law, but Tuesday’s effort had a pretty disappointing aftermath.
Speaking in Rochester, she flagged the law’s “absurd standard” requiring judges to order the “least restrictive conditions” for criminal defendants ahead of their trials — a provision many jurists read as barring bail requirements even when the law elsewhere explicitly says they’re in order.
“We’re talking about protecting society in a way that people would think is common sense,” said the gov. “And so many members of the Legislature have stepped up in support” but “others have not” — especially (though she didn’t spell it out) the Legislature’s leaders from her own party.
One state senator backed her up at the event: “Our state law allows for those accused of violent crimes or repeat offenders to be held. And we must continue to give judges the tools to enforce these laws. This isn’t a rolling back or an overstep in public policy. It is a surgical approach to the law,” said Sen. Jeremy Cooney (D-Rochester).
Hochul then called him “courageous.”
Oops: Hours later, Cooney’s flack sent word that he’s not backing her on “least restrictive,” at least not yet; only on other fronts — though he thinks “continued discussion on tweaks to bail reform is necessary.”
How courageous. Someone got to him, apparently someone he fears more.
We’re happy to see the gov pushing on this front; her fix would be an improvement even it falls far short of what’s truly needed.
And if she thinks (as she’s said) that working in a “collaborative fashion” will do the trick, she might recall the Senate Democrats’ mugging of her nominee for state chief judge.
You’re going to have to fight, governor: Let the Legislature know that without this change (and other priorities, like your charter-school plan), the budget won’t move ahead.
Some people only play hardball.