Legislation, Model Laws, Ethics Rules & Commentary

Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. NACDL is dedicated to attaining meaningful, systemic reform to help prevent the insidious harm caused when a prosecutor carelessly, or purposefully, fails in his or her duties to us all. This page contains legislation, laws, regulations and other commentary related to prosecutorial misconduct.

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." 

Letter from U.S. District Court Judge Emmet G. Sullivan, to the Chair of the Judicial Conference Advisory Committee on the Rules of Criminal Procedure, April 28, 2009

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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)

Model Ethical Rule Order  

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Featured Products

Federal Legislation

Bipartisan Discovery Reform Legislation Introduced in U.S. Senate (March 15, 2012)

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) –

ABA Standards for Criminal Justice: Prosecution and Defense FunctionProsecution Function 

ABA Formal Opinion 09-454 – Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense, July 8, 2009

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RECENTLY ADDED & UPCOMING

  1. The Champion
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    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
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    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
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    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
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    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
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    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free