Bronx is suffering from crime like the rest of the City.

0:00 Speaker 1 Were privileged to have the disc Attorney of Bronx County on the show with us today. I’m Judge Richard Warnberg. I’m speaking to disc Attorney of the Bronx Toursel Clark, herself a very distinguished judge with a wonderful, wonderful resume.

0:18 Judge Clark served the high levels in the Bronx disc Attorney’s Office, went on to the Criminal Court, the State Supreme Court, where we were colleagues. Then she went onto the Pel Division. She decided to run for disc attorney and she’s been disc attorney since twenty fifteen. Judge Clark, Welcome to Kats and Cosby. We’re happy to have you here.

0:41 Speaker 2 Thank you so much, Judges for honored to be here.

0:43 Speaker 1 Well, let me ask you this question. And I know this because Judge Dick Brown, who was also on the Pel Division, who left the Appel Division to become the Queen’s DA, he also left the bench to become DA.

0:56 And I always wondered about that, because the usual career path is for someone to go from the prosecutor’s office or from the law practice on to the bench. Why did you make that.

1:05 Speaker 2 Change because I wanted to continue to serve the public. I have been in public service my entire legal career, and I wanted to do something that would have the most impact on the lives of the people that I served in the community. And there’s no position that’s more impactful, especially in this time, than being the District Attorney of

1:29 Bronx County. I am a daughter of the Bronx, raised here in this county my entire life. I have served, as you said, as an assistant DA, as a judge, now as a district attorney, and I wanted to be the one to make the difference. We are facing some challenging times now and I want to do the job

1:52 where I can make the public safe. I want to stand up for victims those who cannot stand up for themselves. And I’m unapologetic about doing the work on behalf of victims of crime and in protecting our community in particular, but also doing it in a fair way and making sure that defendants have their rights protected as well. So

2:17 this is my home and I’m going to continue to do all that I can to make the Bronx safe. When I look into the faces of the people in the Bronx I see myself because I am one of them, and I bring all my lived experience to this job.

2:35 Every day, all day, twenty four to seven, I’m doing this job and it is a challenge right now for prosecutors.

2:43 Speaker 1 Well, I agree with you, Judge Clark, and I have to say, the big threat to the survival of the City of New York and to the State of New York is this climate of lawlessness that’s come out. But I myself have to believe that there’s a bigger picture for prosecutors. Have to deal with the with the mentally ill,

3:01 you have to deal with the drug addicted. And I know from your background that’s you’re leadership in intelligent, common sense reforms to deal with people’s problems through diversion programs and to be helpful. And you’re not looking to throw everybody in jail. You’re just trying to balance the need to give public safety versus trying to help people who

3:22 are otherwise victims of society’s problems. Is that correct?

3:26 Speaker 2 That’s correct, Judge Armble, And you know that better than everybody. To your distinguished service on the bench and all that you did in those very same areas talking about dealing with the root causes of crime, Look, I’m not unrealistic about this. We can have public safety and justice and fairness at the same time. So that means standing up

3:46 for victims, holding people accountable for bringing the harm that they’re causing in our communities. I’m not afraid to do that. I do that every day. I did that as a as system DA, I did that as a judge, and now as a district return we are working day and night on these homicides. We just had a number of

4:04 convictions this week to make sure that people that harm, people that kill people, our children, our elderly, our citizens are held accountable and they have to pay for those things. People that hurt, people that are bringing guns. The gun violence is the biggest problem that we have now. So I’m not afraid to prosecute people and make sure I

4:25 hold them accountable. But at the same time, I use my position to deal with the root causes of crime. Why are people coming into the criminal justice system in the first place, And as you know, we have to deal with those things. People that have mental health issues, people that are a drug edition, addictive, poverty, all of

4:42 these things lends itself into people coming into the criminal justice system. So we had to create diversions as well, so to keep them from continuing to offend, we can treat them for the drug addiction that may be causing them to do it, for the mental illness, so we can also give second chance answers. But the bottom line

5:02 is that in the BRONX, we need more resources. That is going to be the solution. The safest communities don’t have the most police. They’re the ones that have the most resources, and that’s what I need in the BRONX.

5:15 So I’ll hold people accountable for what they’re doing, but I’m also going to stand and use my voice to make sure we get what we need in the BRONX. I’m tired of being first in everything bad and last in everything good.

5:27 Speaker 1 Well, I think the important balance, Judge Clark, that you represent is the disc attorney and if you distinguished career as a judge as well, you understand that there’s certain people that have to be apprehended, prosecuted, convicted, and put in jail for the public safety of the larger public.

5:45 But you also understand that some people who may get caught up in the criminal justice system who really are not violent criminals who are threat to the public safety, but rather people have mental health issues or addiction. And that’s why you and I both believe that the version programs in the appropriate context not just let everybody out,

6:05 but the appropriate context, is the right thing to do.

6:08 Speaker 2 Absolutely, and we have to be pragmatic about this because I cannot arrest my way out of the problems that we’re dealing with in the BRONX. It’s a multi ProMED solution. District attorneys now have to do prevention going into the schools.

6:23 Like I said, the youth is one of the biggest problems that we have. Now that they don’t have enough to do that they’re turn into violence. We need to get to them early to let them know that they have alternatives to violence, not alternatives to incarceration, alternatives to violence.

6:37 So before they pick up a gun, I want them to pick up a book. So we have to let them know that they’re valued and loved and do all we can to prevent the crimes that are happening. Then we das have to do intervention those who do enter the system. What does accountability look like for them, whether

6:53 it’s diversion or whether it’s jail and everything in between. We have to make sure that we intervene so that even if they make a mistake or commit a crime, that they don’t do it again. Then, of course, the biggest piece is the prosecution. And again I will not apologize for being the District Attorney of the Bronx. I

7:12 believe that people have to be prosecuted, and they have people that belong in jail and prisons, and I’m working hard for the against those most violent people that are doing it. It’s not the low level, nonviolent crimes. You know, as a former colleague of mind, we don’t do that.

7:27 We don’t do it that way anymore. Mail them and jail them is not the way anymore. Those who are causing the most harm are the ones that we concentrate on. Those few. If we can handle low sew and get them off the streets, then the communities will be better and we could deal with the other problems that we have.

7:42 So prosecution a big part. I’m unapologetic about being the DA. And lastly, there’s a re entry. Even those who have served their time, when they come out, they have to come back to where they came from, and if that means coming back to the Bronx, I want to make sure that they have the resources they need so they

7:57 don’t reoffend, because I don’t want to have to prosecute them again. But if they don’t have the resources or have a chance to become productive citizens, then they’re going to come back in the system and we’ll have to do it again. So the DA is prevention, intervention, prosecution, and re entry. That’s the balance that we need. That’s

8:15 the balance that I do each and every day. And I have the best staff in the world. I have some of the most dedicated public servants you could ask for. They come in here day in and day out, working under tremendous conditions. You know, with the changes in the law, the discovery, it’s so much work that they have to do.

8:36 And listen, I was on record for some of the reforms. Some of it went too far, but I have to deal with the laws that are there, you know, as a former judge, all we can do is follow the laws that are there, and that’s what I’m doing. But my staff works under tremendous conditions, but they do it

8:52 every day on behalf of the people of the Bronx, and I could not be prouder of the work that they do every day.

8:58 Speaker 1 Well Judge Ark, I want to commend you for your work as this fraternity of Bronx County. I want to commend you for your great service on the bench. The people of the Bronx are truly lucky to have you in that leadership position, and I’m very proud to have said that you and I were colleagues on State Supreme Court.

9:14 I wish every good wish and I hope you do well in the years of company of public service. Thank you very much for being on the show.

9:22 Speaker 2 Thank you so much, Judge I appreciate you as well.