As a criminal defense attorney in Queens, I’ve spent years navigating both state and federal courts, defending clients against everything from misdemeanor charges to complex white-collar cases. One of the most common areas of confusion for clients—and even some attorneys—is the relationship between judges, prosecutors, and the Department of Justice (DOJ).
Recently, a federal judge made headlines by refusing to immediately dismiss corruption charges against NYC Mayor Eric Adams, despite a DOJ request to do so. This decision raises important legal questions:
- What is a “State Federal Judge” (hint: there isn’t one)?
- Can a judge really disobey a DOJ request?
- How can a judge order a special inquiry and proceed with a case, even if the prosecution wants to dismiss it?
These are all fundamental issues that go to the heart of judicial independence, prosecutorial discretion, and the balance of power in our legal system. Let’s break it down.
1. State vs. Federal Judges—Is There Such a Thing as a “State Federal Judge”?
One of the first things I remind my clients is that there is no such thing as a “State Federal Judge.”
In the U.S., we have two separate court systems:
- Federal Judges: Appointed by the President and confirmed by the Senate, federal judges serve for life under Article III of the Constitution. They handle cases involving federal laws, constitutional issues, disputes between states, and more.
- State Judges: These judges handle cases involving state laws—everything from homicide to traffic violations. They are either elected or appointed and serve for fixed terms, depending on the state’s rules.
Because these are two completely separate systems, a judge is either a state judge or a federal judge—but never both.
However, federal judges can rule on cases involving state officials, just like we saw in the Eric Adams corruption case. The Southern District of New York (SDNY)—a federal court—is handling the case, even though Mayor Adams is a state official.
2. Can a Judge Really Disobey a DOJ Request?
This is where things get interesting. Many people assume that if the DOJ—the nation’s top law enforcement agency—requests something, judges must comply. That’s not how it works.
The DOJ is part of the executive branch, meaning it represents the government in court. However, federal judges are part of the judicial branch, and their role is to act as neutral decision-makers—not government enforcers.
So, if the DOJ asks a judge to dismiss charges (like in Mayor Adams’ case), the judge doesn’t have to say yes. The judge has the power to:
✔️ Review the request critically
✔️ Demand more information
✔️ Ensure that dismissing the case is in the interest of justice
That’s exactly what happened in Mayor Adams’ case. Instead of rubber-stamping the DOJ’s request, U.S. District Judge Dale Ho decided to appoint an independent attorney to assess whether the dismissal was proper.
This move underscores the core principle of judicial independence: Judges must make their own legal determinations, even if it means questioning the government’s decisions.
3. How Can a Judge Order a Special Inquiry and Keep a Case Alive?
One of the biggest shocks for non-lawyers is learning that a judge can continue a case—even when the prosecution wants to drop it.
In criminal cases, the prosecutor usually has the final say on whether to pursue charges. However, under Rule 48(a) of the Federal Rules of Criminal Procedure, the government can’t dismiss a case without court approval.
Why? Because the rule was designed to prevent politically motivated dismissals and ensure that prosecutors aren’t abusing their power—whether by:
🚨 Dropping charges against political allies
🚨 Using dismissals to cover up misconduct
🚨 Dismissing a case without legitimate legal grounds
In Mayor Adams’ case, Judge Ho exercised this authority by refusing to immediately dismiss the charges. Instead, he took the extraordinary step of appointing former U.S. Solicitor General Paul Clement to present arguments against dismissal.
This decision raises an important legal question: What happens if the prosecution doesn’t want to pursue the case, but the judge won’t let it go?
Here’s the reality:
✔️ Judges can’t force prosecutors to go to trial if they refuse to litigate.
✔️ But judges can delay dismissals and order independent reviews to ensure that justice is being served.
In rare cases, judges have even called for special inquiries—appointing outside counsel to act as a prosecutor when they suspect a dismissal is improper.
So while the DOJ does have prosecutorial discretion, judges serve as a check on that power—which is exactly what’s playing out in this case.
Final Thoughts: The Importance of Judicial Independence in Criminal Defense
As a criminal defense attorney in Queens, I know firsthand how judges, prosecutors, and defense attorneys interact in the justice system.
For my clients, the key takeaway is this:
⚖️ Judges are independent decision-makers—not government enforcers.
⚖️ Prosecutors don’t have unlimited power to dismiss cases.
⚖️ Judicial oversight exists to prevent political or improper legal maneuvers.
These principles don’t just apply to high-profile figures like Mayor Adams—they matter to anyone facing criminal charges. Whether you’re dealing with a misdemeanor, felony, or federal indictment, understanding how legal authority is balanced is crucial.
At the Law Offices of Jeffrey D. Cohen, we fight to protect our clients’ rights and ensure they receive fair treatment under the law—whether that means challenging prosecutorial decisions, contesting judicial overreach, or ensuring that justice is truly served.
If you have questions about your own criminal case or need a strong defense, don’t hesitate to reach out for a consultation.
📞 Contact us today at (718) 275-5900 to discuss your legal options.
