The Blog of LegalTimes last week noted "Federal judges being divided over the necessity to change rules of criminal procedure to put a greater emphasis and burden on prosecutors to turn over favorable information to defense lawyers," according to a Federal Judicial Center report released in February.
The Center prepared the report at the request of the Advisory Committee on Criminal Rules while it considers whether to amend "Open Discovery" Rule 16 to incorporate the government's constitutional obligation to provide exculpatory and impeachment evidence to the defense or, instead, to create a broader disclosure obligation. In doing this study, a national survey was conducted, which included an online survey of all federal district and magistrate judges, U.S. Attorneys' Offices, federal defenders, and a sample of defense attorneys in criminal cases that terminated during calendar year 2009.
"The judiciary was evenly split on the need for amending the rule," BLT reported, "but judges in districts with local rules or standing orders that require broader disclosure of information than what's required in Rule 16 indicated greater support for a rule change than other judges in the judiciary. The Justice Department opposed a rule change, but more than 90% of the defense lawyers who responded did favor a change."
Survey Results
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