a Unified Court System, Re? OFFICE OF COURT ADMINISTRATION January 3, 2019 TO: Hon. George Silver Deputy Chief Administrative Judge FROM: John W. MeConnell Paul MeDonnell SUBJECT: Suppression Decision Pilot Project Acting om a request of the federal court, the Administrative Board of the Courts recently approved a pilot project for courts exercising criminal jurisdiction in New York City to report ‘outcomes of suppression hearings where a hearing court (1) suppresses evidence because of an unlawfll stop and search, or (2) makes vitien findings that a police officer provided incredible testimony at the hearing. To implement this initiative, Chief Administrative Judge Lawrence K. Marks has issued an Administrative Order (A0/513/18) directing that such outcomes in New York City be reported to the appropriate chieCclerks (Exhibit A). This initiative is rooted in the federal court's finding that the City of New York Police Department ("NYPD") had engaged in a practice of unconstitutional and discriminatory stops and searches (Floyd v. City of New York 959 F. Supp. 24 540 (S.D.N.Y. 2013), appea! dismissed (2nd Cir. 15-3524) (Sep 25, 2013), appeal withdrawn (2nd Cir. 13-3442) (Sep 26, 2013). As part of the subsequent settlement of Floyd and related matters, Hon. Ariel E. Belen was appointed as a facilitator to develop proposals for operational reform, and carlicr this year Judge Belen submitted a lengthy and comprehensive “Final Report and Recommendations” [“Report"] to the district court.! Among the Report's recommendations was 2 proposal that the NYPD “develop a program for systematically receiving, assessing and acting on information regarding adverse findings on the conduct of police officers involving illegal stop or illegal respass enforcement . .. including) suppression decisions by courts precluding evidence as a result of unlawful stops and searches [and] court findings of incredible testimony by police officers” (Report p. 219). ' The full report can be found sork-city-jointsremedi hupsu/wwwr jamsadr.com/files/uploads/documentsfari pdt COUNSEL'S OFFICE + 25 BEAVER STREET, NEW YORK. NEW YORK 10004 « rel: 272-428-2150 raxe 2120498-2155,Foltowing issuance of the Report, the federal court requested that the State Court System consider adopting a procedure to implement this recommendation. In response, the Administrative Board has agreed to initiate a pilot program for reporting such outcomes in New York City. Because the presiding judge or justice at the hearing is in the best position to understand when a case should be reported, AO/513/18 requires the hearing court to direct the part clerk or other court staff to report the ruling, together with any written decision, to the respective chief clerks in each, county, Once the information has been collected, the chief clerk will be distribute it to the NYPD and other appropriate stakeholders. Please take whatever steps you deem appropriate to advise judges exercising criminal jurisdiction in New York City of the pilot program, and to direct that the relevant chief clerks create an operational procedure for collecting this information. Paul McDonnell of Counset’s Office will be reaching out to the chief clerks in the near future to discuss a protocol for conveying relevant data to the NYPD and others. Questions regarding the program may be addressed to Mr. MeDonnell at (212) 428-2150. As always, thank you for your kind assistance in this matter. Hon. Lawrence Marks NYC Administrative Judges Hon, Tamiko Amaker NYC Supervising Judges Chief Clerks, NYC Supreme Court Chief Clerk, NYC Criminal CourtADMINISTRATIVE ORDER OF THE CHIEE ADMINISTRATIVE JUDGE OF THE COURTS At the request of the federal district court, and pursuant to the authority vested in me, and with the approval of the Administrative Board of the Courts, I hereby establish a pilot program to identify decisions by courts exercising criminal jurisdiction within the City of New ‘York in which, in the course of or following a suppression hearing, the bearing court either (1) makes written findings rejecting the credibility of testimony by police officers, or (2) suppresses evidence seized as the result of an unlawful stop and search. Upon such finding or suppression of evidence, the hearing court shall direct the part clark or other court staff to notify their Chie Clerk of the ruling, and to provide the Chief Cletk a copy of the weittea decision if one has been. issued. The Chief Clerk shall thereafter provide the copy of the written decision ot otherwise notify the New York City Police Deparment and other appropriate persons of this finding or suppression of evidence. This order shall take effect on February 1, 2019. ‘Administratigé Judge of the Courts Dated: December 31, 2018 AO/S13/18