Comments to OCA on Proposed Model Orders Regarding Disclosure in Criminal Matters

SUMMARY

The Criminal Law Committee (Monica Hickey-Martin, Chair) submitted a letter to the Office of Court Administration in response to its request for comments on proposed model orders regarding disclosure obligations of prosecutors and defense counsel in criminal cases. While the Committee generally does not oppose the proposal, the standard orders include a presumption that if Brady material is submitted no later than 30 days prior to trial for felonies (15 for misdemeanors), then the disclosure is presumed to be timely. The Committee raises the concern that this presumption flies in the face of both the law and the spirit of Brady, and will not serve the goals of encouraging timely disclosure or reducing pretrial incarceration.