Superior Court Amends Criminal Procedure Rule 5 Confirming Government’s Brady Obligations

January 03, 2023

On December 22, the chief judge of the D.C. Superior Court issued Promulgation Order 22-15 amending Superior Court Rule of Criminal Procedure 5 by adding subsection (f) relating to prosecutorial obligation.

The new subsection provides that:

• In all criminal proceedings, at the defendant’s initial appearance, the judge or magistrate judge must issue a written order to the attorney for the government and defense counsel that confirms the disclosure obligation of the attorney for the government under Brady v. Maryland and the possible consequences of violating such order. At the first hearing after the defendant’s initial appearance, the judge or magistrate judge must orally confirm the terms of the written order.

In the event that disclosure under this rule would compromise witness safety, victim rights, national security, a sensitive law-enforcement technique, or any other substantial government interest, the government may apply to the court for a modification of the rule requirements, including in camera review and/or withholding or subjecting to a protective order all or part of the information.

Read the general order here.