Editor’s note: Click here https://youtu.be/vm2Lfv-oJJo for a video clip of Assemblywoman Byrnes on Judicial Discretion

Assemblywoman Marjorie Byrnes (R,C-Caledonia) is pushing for the restoration of judicial discretion in response to the new bail reform law. As a former prosecutor and judge, Byrnes wants judges to have the power to consider holding an individual facing criminal trial in custody if they pose a danger to their community or themselves.

“Judicial discretion is a critical component in keeping our communities safe,” Byrnes said. “Criminal cases aren’t cookie-cutter cases. Every criminal, every defendant has differing circumstances. We elect judges because we trust their judgement. Judges in upstate New York are elected by the people, and accountable to them for the decisions they make while on the bench. Therefore, it is imperative we empower our judges to keep our communities safe.

“As a result of this law, we have seen needless tragedy occur throughout New York,” Byrnes continued. “On Christmas Eve, an undocumented, unlicensed driver struck and killed a mother of three only to be arrested, arraigned and released before some members of the victims family even knew she was killed. In Hornell, a man accused of nine separate crimes, which included forcible touching, was repeatedly arrested and released on bail which enabled him to reoffend before finally being held in county jail. Every day that goes by without reform, we risk more preventable crime victimizing more people.”