The Criminal Justice Section has been instrumental in advocating changes in criminal law and in shaping criminal practice. Our membership of judges, prosecutors, and defense attorneys, including private, institutional, and 18B practitioners, celebrated the passage of changes to Bail and Discovery laws in 2020. Since then, media coverage of select extreme and emotionally sensitive cases have caused a public outcry for a return to the way that things used to be. Knowing that these few outlying examples may exaggerate or misrepresent the overall trend in criminal justice reform, the Criminal Justice Section continues to examine the bigger picture and reviews how criminal practice evolves by these changes.

Now several years later, discovery continues to be a hot topic. What impact has discovery had on speedy trial? Certificates of compliance have caused statements of readiness and corresponding defense obligations to be scrutinized more closely than ever before. What actions or lack thereof make a statement of readiness truly illusory? Prosecutors work within stricter time frames and receive less leniency on failing to comply with them, resulting in what many believe are dismissals based on “technicalities.” What obligations do parties have to alert each other to missing materials, and what is the remedy for failing to follow through? How do courts weigh prejudice to either party in determining issues of disclosure? Pretrial preparedness on either side can make or break a case before the delivery of opening statements. Is dismissal a proper remedy or are there other more appropriate ways to address the parties’ needs? We have grappled with arguments about these issues and many more.