Bronx DA Won't Ask Supreme Court to Decide on Jury Trials for Immigrants

Bronx District Attorney Darcel Clark

Last week, the state's highest court ruled that immigrants deserve the right to jury trials — even for low level offenses — because a conviction can lead to deportation, and that's a serious punishment. The Court of Appeals cited the Constitution's guarantee to a speedy jury trial for serious offenses.

At the time, Bronx DA Darcel Clark said she'd consider appealing this decision to the US Supreme Court because allowing more jury trials could cause a backlog in the courts. But Tuesday she said she said she won't go through with it. The decision was first reported by Courthouse News.

"I have decided not to ask the U.S. Supreme Court to review the case," Clark said in a statement. "Instead, I believe a legislative solution is the best path forward for the Bronx and New York City."

Clark wants the state to change the law so all defendants accused of class B misdemeanors, not just immigrants, can get jury trials. That's the law in the rest of the state but not New York City, where bench trials are held for defendants facing less than six months in jail. Clark said this law is outdated because there are fewer misdemeanors now than decades ago, when the exception was carved out for New York City.

"As misdemeanor cases have decreased some 40 percent in the last five years, and deportation looms as a consequence for some defendants, I believe it is time for the legislature to provide jury trials for all New York City residents."

She also noted that noncitizens would have to reveal their status and risk deportation in order to take advantage of the new right to a jury trial. But that wouldn't be the case if all New York City defendants are treated the same.

Alice Fontier, managing director of the criminal practice at Bronx Defenders, welcomed the DA's decision. She said citizens also face harsh punishments if convicted of misdemeanors.

"You may not be able to have your job anymore, you might lose your license, your driver's license is an issue," she explained. "It may have consequences in family court so that you're losing your children. You can be banned from public housing."

Jury trials are widely considered more favorable to Bronx defendants than bench trials by a single judge.

It's too early to say whether changing the law for New York City will rise to the top of the legislative agenda for 2019, when both the assembly and senate will be run by Democrats. Michael Whyland, spokesman for the Democrat-led assembly, said "we of course would discuss something like this with our members."

The Bronx DA didn't completely back away from her fears of creating a backlog in the courts, however, if more trials go to juries. She said it would create the "need for more judges, court parts and courthouse personnel to keep the process from incurring backlogs."