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Q&A

Chair Brooks-Powers asks for county-by-county discovery deadline breakdown

New York City Council · Jun 25, 2026 · starts 0:26:24 · 3 min 5 sec

Brooks-Powers requests county-by-county data on discovery deadline adherence. Zayas discusses the onerous nature of discovery law, coordination challenges with NYPD, and agrees to provide the breakdown.

Selvena N. Brooks-Powers

And can you provide a county-by-county breakdown on adherence to the discovery deadlines?

Selvena N. Brooks-Powers

Are variations between counties, what do you think the root cause could be?

Selvena N. Brooks-Powers

Like, is it a resource thing, or is it that they just have a higher concentration?

Judge Joseph A. Zayas

Yeah, I mean, I want to try to stay in my lane here in terms of my neutral role, but I think that's a very good question to ask them.

Judge Joseph A. Zayas

Thank you.

Judge Joseph A. Zayas

But I will say, look, the discovery statute is required.

Judge Joseph A. Zayas

It's been six years now, so you think about this.

Judge Joseph A. Zayas

The discovery reform statute took effect six years ago.

Judge Joseph A. Zayas

But it does impose...

Judge Joseph A. Zayas

Extremely onerous burdens on the district attorney's office.

Judge Joseph A. Zayas

And as I said in my opening statement, I do think that they are working hard to take it seriously.

Judge Joseph A. Zayas

But the sheer voluminous nature of the discovery and maybe the need for some technological solution to make it happen, which I know that there were efforts at that,

Judge Joseph A. Zayas

I'm sure would help.

Judge Joseph A. Zayas

Maybe some coordination with the NYPD in terms of collaboration with them to get that discovery directly to the DA's office so that they can categorize it.

Judge Joseph A. Zayas

Because what the DA's office needs to do is present it to the defense in a way that it makes it

Judge Joseph A. Zayas

easy to use by the defense so that they're not just dumped on with a thousand pages, but that it's categorized by witness, by body cam, you know, the person whose body cam it was.

Judge Joseph A. Zayas

So, but I don't think there's any question that they have been, they've been having a really hard time complying with the strict deadlines that have been imposed by the statute.

Selvena N. Brooks-Powers

No, thank you for that.

Selvena N. Brooks-Powers

And just kind of going back to the beginning of the question, which doesn't necessarily have to opine on why they are, because to your point, we are going to follow up with them.

Selvena N. Brooks-Powers

The district attorneys all have submitted testimony because they have a conference today, and as a result, they were unable to be here.

Selvena N. Brooks-Powers

But I would like to know if you would be able to bring...

Selvena N. Brooks-Powers

Provide a breakdown by county.

Selvena N. Brooks-Powers

In terms of the adherence to the guidelines.

Judge Joseph A. Zayas

In terms of?

Selvena N. Brooks-Powers

The adherence to the discovery deadlines?

Judge Joseph A. Zayas

Yes.

Selvena N. Brooks-Powers

County by county?

Judge Joseph A. Zayas

We do keep track of that.

Judge Joseph A. Zayas

So I believe, I'm pretty sure we will be able to give you that information.

Selvena N. Brooks-Powers

Okay.

Selvena N. Brooks-Powers

So do you have it now or?

Judge Joseph A. Zayas

I have it somewhere.

Judge Joseph A. Zayas

It might take me a minute to find it in my paperwork.

Selvena N. Brooks-Powers

We'll move on, but if you could get into it, that would be great.