Rocky road ahead: Even without a receiver, city must make progress on Rikers
Thursday afternoon, in a Manhattan courtroom packed with lawyers, journalists, activists and family members of some of the many people who’ve died on Rikers Island, Federal Judge Laura Taylor Swain waved away the idea of letting detainees’ lawyers file a motion for a federal receiver as “premature.”
We disagree, and think that looking at some incremental progress the city has made in recent months is too narrow a view given years of ups and downs in a system where mismanagement and violence remain the rule. Still, Federal Monitor Steve Martin was bullish on forward progress — which is indeed happening, thanks to some good work under Correction Commissioner Louis Molina — and Swain agreed, and so that’s that for now.
The hearing might nonetheless lead to some concrete gains, including the judge’s openness to granting the Department of Correction the ability to waive some city and state laws that limit hiring of wardens from outside the uniformed ranks. While limited in scope, the city seeks this authority in recognition of current leadership shortcomings. (Interestingly, the federal law they invoked required city lawyers to affirm that the DOC is indeed violating the Constitution on Rikers.)
Swain should approve the request ASAP. The judge should also seriously consider plaintiffs’ effort to seek a separate contempt ruling against the city. Revelations that staff sometimes tampered with documents to fake compliance with an earlier order against detainees languishing in intake suggest bad faith that should be addressed.
We doubt the city can pull off a true transformation of Rikers and are convinced the feds would have a far better chance. Still, we hope to be proven wrong — and with Swain giving the city a longer leash, we still might be.
Unfortunately, the next monitor report isn’t due until March 31, with the next conference a month after that. Additional data will be compiled by the city in early February, but Swain agreed with the city’s baffling demand that it should be kept confidential since the public might misinterpret it. For shame.
