New York’s judges overwhelmingly agree with Mayor Eric Adams that they should have greater control over setting bail for potentially dangerous defendants, the official in charge of court operations told lawmakers Tuesday.
“Many judges — we’ve got most of our judges who sit on criminal cases — would like more discretion in making determinations about bail and release of people accused of crimes,” Chief Administrative Judge Lawrence Marks said during a budget hearing in Albany.
The state’s judiciary doesn’t “have a formal proposal,” Marks said, before adding that he wasn’t “speaking for 100 percent of our judges.”
“But I think it’s fair to say that individual judges would like to have more discretion in making these decisions and feel that they would be able to fairly and effectively make decisions on a case-by-case basis,” he said.
“To me, that’s a fair characterization of how most judges who sit on criminal cases in the state Unified Court System feel.”
Marks’ comments came in response to a question from Assemblyman Ed Ra (R-Long Island), who noted that Adams on Monday called on state legislators to amend the controversial 2019 bail-reform laws so judges can consider the “dangerousness” of defendants before deciding the terms of their release, if at all.
Marks said he hadn’t “seen the details” of Adams’ proposal but was aware that “he did call for that.”
Under the bail-reform laws signed by then-Gov. Andrew Cuomo, judges can no longer order defendants charged with most misdemeanors and some felonies to post bail before being freed from custody.
And when a judge can set conditions for release, they have to be the “least restrictive” that will ensure a defendant returns to court, and not necessarily involve cash or a bail bond.
During a City Hall speech on gun violence, Adams said, “We must allow judges to take dangerousness into account” when setting bail or deciding to jail someone pending trial.
“New York is the only state in the country that does not allow a judge to detain a defendant who poses a threat to the community,” he said.
“Forty-nine other states, as well as the federal government, allow judges to consider a defendant’s dangerousness. New York must catch up.”