Press Release, Office of Senator Lisa Murkowski, Senator Responds to Study Showing Continued Failure to Disclosure to Defense (Nov. 17, 2014)
Commentary & Advocacy Letters
Comments to the Judicial Conference Advisory Committee on Criminal Rules on proposed amendments to pretrial experts disclosure in Rule 16 (February 16, 2021)
Coalition Letter on “Ensuring that Federal Prosecutors Meet Discovery Obligations” (June 5, 2012)
NACDL Letter on the House Judiciary Crime Subcommittee Hearing on The Prosecution of Former Senator Ted Stevens (April 18, 2012)
NACDL Letter on the Senate Judiciary Committee Hearing on the Special Counsel's Report on the Prosecution of Senator Ted Stevens (March 28, 2012)
Letter from Former Judges, Prosecutors, Law Enforcement, and Others Calling on Congress to Reform Federal Criminal Discovery (March 15, 2012)
Editorial: Justice and Open Files, The New York Times, February 26, 2012. Excerpt: "Prosecutors have a constitutional duty to disclose significant evidence favorable to a criminal defendant. But too often that duty, as laid out by the 1963 Supreme Court decision in Brady v. Maryland, is violated."
Model Legislation
NACDL Board Resolution Approving Model Open-File Legislation (May 18, 2014)
NACDL Board Resolution Approving Model Legislation To Strengthen Compliance with the Government's Duty to Disclose Favorable Information to the Accused (May 20, 2011)
NACDL Board Resolution Regarding Reform of the Hyde Amendment (February 19, 2011) and White Collar Crime Committee Report on Reform of the Hyde Amendment (November 2010)
Federal Legislation
Bipartisan Discovery Reform Legislation Introduced in U.S. Senate (March 15, 2012)
- NACDL News Release: NACDL Applauds Sensible, Bipartisan Discovery Reform Legislation
- News Conference Video: Introduction of the Fairness in Disclosure of Evidence Act
- Legislation: Fairness in Disclosure of Evidence Act of 2012 (S. 2197)
- NACDL Video: America Needs Sensible Discovery Reform
- One-Page Summary: The Need for Discovery Reform
- Case Summaries: The Human Cost of Brady Violations
Joint Congressional Hearing on Prosecutorial Misconduct (2007)
Existing Laws and Ethics Rules
28 U.S.C. § 530B, Ethical standards for attorneys for the Government (McDade Amendment)
28 C.F.R. § 77, Ethical standards for attorneys for the Government
28 C.F.R. § 50.2, Release of information by personnel of the Department of Justice relating to criminal and civil proceedings
ABA Model Rules of Professional Conduct (Table of Contents) –
- Rule 3.6 Trial Publicity
- Comment to ABA Model Rule 3.6
- Rule 3.8 Special Responsibilities Of A Prosecutor
- Comment to ABA Model Rule 3.8
ABA Standards for Criminal Justice: Prosecution and Defense Function – Prosecution Function
ABA Formal Opinion 09-454 – Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense, July 8, 2009
