NACDL - Comments to Judicial Conference on Proposed Amendments to Local Rule 32.1.8 (February 2016)

Comments to Judicial Conference on Proposed Amendments to Local Rule 32.1.8 (February 2016)

Criminal Local Rule 32.1.8 creates special provisions governing the submission of motions for departure under U.S.S.G. § 5K1.1 and related written material. NACDL members often represent cooperating witnesses who may want the details of their “substantial assistance” kept out of the public eye, but our members also often represent the defendants against whom “cooperators” testify, and who therefore have an interest in disclosure of and readier access to such information. …we do believe that our following comments are even-handed and fair-minded, not a case of special pleading.