Manhattan prosecutors are getting a pay bump whenever they’re stuck working late under a new New York law requiring them to hand over evidence to defense lawyers within 15 days of a suspect’s arraignment.
Whenever assistant district attorneys work past 9 p.m. preparing cases to meet the law’s requirements, they’ll get an extra $60 in their paychecks, Manhattan DA Cy Vance wrote in a letter to his staff.
“I have spoken with many of you over the last few weeks and have heard of the challenges you face in meeting your obligations under the new laws,” Vance said in the Jan. 24 letter.
“Although this job has always required late nights and weekends, the strain of complying with the new laws goes well beyond what might reasonably be asked of you in terms of work hours.”
Under federal labor laws, employers generally don’t have to pay lawyers overtime. Starting pay for assistant district attorneys newly admitted to the bar is $69,500.
Vance said his office is increasing the size of support staff so lawyers “will have assistance in meeting all aspects of discovery demands.”
Hiring more support staff is a better solution than boosting lawyers’ paychecks, said Todd Spodek, a Manhattan defense lawyer.
“This is a bandaid,” Spodek said of the $60 per night pay boost. “Having DAs who are overworked get a couple extra bucks — it may be necessary, but it’s not solving the infrastructure.”
Spodek says his law firm now receives a daily stack of discovery from assistant DAs — not paralegals or interns — and that prosecutors worry about missing deadlines on discovery.
New York’s new criminal discovery law took effect Jan. 1, at the same time as a new law that bars judges from setting bail in many non-violent felony cases.
The rule requiring prosecutors to hand over evidence within 15 days of suspects’ first court appearances means assistant district attorneys must sift through more paperwork and watch more police body cam footage at an earlier stage in the process.
The DA’s office has not yet calculated the total amount of money paid out in $60 per diems to staff in January, according to a Manhattan DA spokesman.
Because of the law, Vance said the office may drop “certain classes of cases” — though his letter was not specific about which.
In recent years, the office has stopped pursuing charges of marijuana smoking and possession, fare evasion unlicensed vending and loitering for prostitution. Vance’s office prosecuted 58% fewer cases in 2019 than in 2010, the spokesman said.
