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For Release: Immediate
November 14, 2012
Contact: Mark Mahoney
Associate Director, Media Services and Public Affairs
Mmahoney@nysba.org
518-487-5532
STATE BAR PRESIDENT SEYMOUR W. JAMES,
JR. CREATES TASK FORCE TO REFORM CRIMINAL DISCOVERY RULES
New York State Bar Association President Seymour W. James, Jr. has
created a Task Force on Criminal Discovery Reform to study issues
relating to the exchange of critical information by prosecutors and
defense attorneys prior to trial.
Discovery is a process that allows prosecutors and defendants to learn
about the facts or evidence that are the basis for the other
side’s case. Early discovery allows each side to better prepare
for trial, reducing the possibility that surprise evidence is introduced
after the trial is under way.
Within New York state—and even New York City,
discovery practices vary widely. In most counties, defendants routinely
receive limited information from district attorneys about their cases
before trial. Too often, important information comes too late for
defense attorneys to investigate, to fairly weigh plea offers or to
mount a legitimate defense.
In contrast, prosecutors in a few counties, including Kings County,
share all or most of the information in their case files with the
defense before a trial begins, a practice known as
“open-file” discovery.
“New York’s discovery statute sets significant limitations
on the material available to the opposition in criminal cases. In fact,
New York’s statute is one of the most restrictive in the
country,” said James (The Legal Aid Society in New York City).
“We are hopeful that the task force will identify and help bring
about needed reforms.”
In criminal trials, current discovery practices make it difficult for a
defendant’s attorney to weigh the case against his or her client.
Reforms are needed to help an attorney better assess a case and provide
advice to the defendant.
The Task Force on Criminal Discovery Reform will review
criminal discovery laws and standards adopted by other states. It also
will examine “open-file” discovery and reciprocal discovery
by the defense.
The task force is co-chaired by Court of Claims Judge Mark R. Dwyer (New
York State Supreme Court, Kings County) and Peter Harvey of New York
City (Patterson Belknap Webb & Tyler). It is expected to issue a
report and make recommendations for consideration by State Bar’s
House of Delegates.
The New York State Bar Association, with 77,000 members, is the largest
voluntary state bar association in the country. It was founded in
1876.
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