The DA Who Refused to Play the Game (with Mimi Rocah)
Feb 27, 2025
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Mimi Rocah, former District Attorney for Westchester County, reflects on her bold decision not to run for re-election, igniting discussions about political pressures in the justice system. She reveals the ethical dilemmas faced during her tenure and the challenges in maintaining integrity while navigating political influences. The conversation also covers the historical shift from patronage to merit-based hiring in the DOJ, emphasizing the need for transparency and character in prosecutorial roles, and the implications of partisanship on justice.
Mimi Rocah chose not to seek re-election due to uncomfortable political pressures that conflicted with her integrity as a prosecutor.
She advocates for an appointed DA system to mitigate the structural challenges that compromise the independence and effectiveness of justice.
Deep dives
Mimi Rocha's Decision to Step Down
Mimi Rocha made the difficult choice not to seek re-election as the District Attorney of Westchester County after initially winning an incumbent seat against the odds. Despite successfully modernizing the office and addressing her top goals, she found the political pressures of running again uncomfortable. Her experience revealed a pivotal dynamic between being a prosecutor and an elected official, where influence from non-law enforcement individuals increasingly permeated her role, challenging her sense of integrity. Ultimately, she felt the need to distance herself from the political arena to preserve her values and credibility.
The Structural Issues of Elected District Attorneys
Rocha emphasized that elected district attorneys face inherent structural challenges that can compromise their integrity and effectiveness. The process of campaigning often intertwines with the administration of justice, creating conflicts of interest that can detract from the unbiased application of the law. Her experience included navigating pressures to align with political endorsements and party expectations, which can misalign the priorities of a DA with justice and fairness. Rocha suggested that an appointed system, akin to that used in New Jersey, could insulate prosecutors from political machinations, fostering a more independent and effective justice system.
Conviction Review Unit and Its Impact
During her tenure, Rocha established a conviction review unit aimed at investigating past convictions to uphold justice and rectify wrongful convictions. Two notable cases emerged from this effort: the exoneration of Leonard Mack, who was wrongfully imprisoned for rape, and Selwyn Days, who had faced multiple trials for a double murder. The DNA evidence played a crucial role in Mack’s exoneration, while Days’ case spotlighted systematic failures within the prosecution process. These cases underscored the necessity of such units to not only exonerate the innocent but to improve current prosecution practices.
Inequities in the Election of Prosecutors
Rocha critiqued the troubling trends in how district attorneys are elected, highlighting that many incumbents remain unchallenged due to entrenched party politics. While elections are intended to hold prosecutors accountable to the public, the realities often favor insiders and prevent capable challengers from arising. She shared her own experience of facing resistance from party establishments when she challenged the political status quo, illustrating the broader implications of these dynamics on justice. Rocha believes that addressing these inequities is crucial for restoring faith in the prosecutorial system and ensuring justice is applied fairly and equitably.
Mimi Rocah is the former District Attorney for Westchester County, and Preet’s former colleague at the Southern District of New York. She made national news when she announced her run for DA in 2019, and sent shockwaves through the legal community when she decided not to seek re-election last year.
She joins Preet to discuss her remarkable choice to step away, the political circumstances surrounding her decision, and why DA-ships across the country may be structurally unsound.
Then, Preet discusses the legacy—and threat—of patronage at the DOJ.
Show notes and a transcript of the episode are available on our website.
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