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By Jack King
NACDL News columns.
Board Approves Brady Report, Judicial Conduct
The Board of Directors approved two significant items during its fall
meeting in Key West, Fla., on Oct. 20. The Board approved a draft of a
report to the Justice Department’s Office of Professional Responsibility
(OPR) suggesting corrections to the haphazard ways that DOJ and various
government agencies handle evidence and other material favorable to the
defense in criminal cases, also known as Brady/Giglio material.
According to NACDL’s outside Freedom of Information Act counsel Edwin E.
Huddleson, there is no internal DOJ check on department Brady
violations that do not involve reckless or willful violations. DOJ needs
to create clear guidelines to correct systemic Brady problems when they
come to light, Huddleson said. Huddleson prepared a draft letter to OPR
that was presented for Board approval and gave a presentation on DOJ’s
Brady policies — such as they are — by speakerphone at the meeting. The
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