Are mayors allowed to override judges decisions in cases?

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ironpony
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21 Aug 2020, 3:52 am

I was watching this news segment about how the mayor of NYC has been making the city better for criminals, but the one part of the video that got me thinking the most was at 4:47 into the video:

https://youtu.be/wajtsAr-B2M

In the video, he talks about how ever since the mayor made things worse, a judge let a man charged with murder, out of jail, but without bail. So I am wondering, how is the judge's decision, a result of the mayor's actions? Did the mayor pressure the judge, or overide the judge's decision making in any way?



The_Walrus
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21 Aug 2020, 4:57 am

Mayors and other elected officials should not be able to overrule or pressure the judiciary in individual cases. However, the judiciary can only operate within the confines set out for them by lawmakers. If, for example, a lawmaker bans cash bail, then the judiciary do not have that option.

This relationship means that they both keep each other in check. Lawmakers set the rules, and the judiciary interpret and apply them.



demeus
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21 Aug 2020, 5:47 am

That mayor cannot override a judge's decision (although I have seen government departments ignore the decision of a judge and act against the order forcing the other side to take the department back to court). The mayor can request that the legislature change the law (within the bounds of the Constitution) in order to make the judge's decision moot. That is the how the checks and balances work.

Now in this case, New York State has removed the requirement for bail for low level crimes. I would not think that attempted murder was one of them. Within that system though, the judge has some leeway to decide bail and defense attorneys can certainly argue for low or no bail in any case. In this case, the judge decided no bail. It would then be up to the District Attorney trying the case to appeal the decision or go with it.



vermontsavant
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21 Aug 2020, 6:42 am

All public servants are subject to standing law,and may change standing law through legislation.

Courts interpret legislation and Mayor's and other public servants can't over rule courts.


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ironpony
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21 Aug 2020, 3:35 pm

Oh okay, so the judge wasn't influenced in anyway, he just made a really bad call, and it didn't have anything to do with outside influence?



kraftiekortie
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22 Aug 2020, 7:28 am

Judges can be influenced by mayors “behind the scenes”—but they cannot overturn any judge’s decision.

Neither can governors or Presidents.