WHEREAS the American Bar Association’s House of Delegates has approved a resolution, ABA Res. 104A (2011), that prosecutors should provide Brady information by responding to a Brady checklist to be provided by defense counsel in compliance with disciplinary or ethics rules such as ABA Model Rule 3.8, Tex. R. Disc. Prof'l. Cond. 3.09, and NY Rules of Pro’l Cond. 3.8;
WHEREAS the National Association of Criminal Defense Lawyers is firmly committed to ensuring that favorable information is provided to the accused in criminal cases;
WHEREAS NACDL should advocate for robust adoption of Brady standards in state and federal courts;
WHEREAS state and federal prosecutors’ obligation to respond to discovery requests does not relieve them of their other Brady and ethical obligations or, for example, from their obligations to comply with Fed. R. Crim. P. 5(f) orders;
BE IT RESOLVED THAT NACDL supports the ABA’s resolution and NACDL’s leadership should advocate for implementation of the above procedures by courts and the Department of Justice.
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