TERMS & CONDITIONS OF DISCOVERY OF THE
Policy
o
It is the policy of the
o This policy is intended to provide a framework of basic rules and guidelines for discovery, but still allow for maximum professional discretion for the prosecutor handling the case.
Philosophy
o
Provide
access to all portions of the
Procedure
Exculpatory Evidence
o The County Attorney’s Office has a continuing obligation to reveal exculpatory evidence to the defense. This obligation overrides restrictions on disclosure contained within this policy. In the event that information or evidence that would otherwise be restricted from disclosure by this policy, or any law, contains exculpatory information, a prosecutor shall inform a supervisor prior to disclosure so that the proper method for disclosure may be determined.
Electronic Access
o
The County Attorney’s
Office of Ochiltree County will permit electronic access to criminal discovery by
defense attorneys as a part of our open file policy. All criminal cases
will be electronically accessed through a Net-Data program or other electronic
format selected by the
o
The attorney of record
on a criminal case will have electronic access to the state’s file (excluding
any attorney work product or other items discussed herein) through the
program. This open file policy is offered strictly as a courtesy to
defense counsel in order to satisfy the State’s duty to disclose any
exculpatory or mitigating evidence and in anticipation of any standard
discovery order pursuant the Texas Code of Criminal Procedure. The
o Any disclosure of information through the program is strictly for discovery purposes in a criminal matter and does not constitute a public disclosure under any state or federal public information act, including, but not limited to, the Texas Public Information Act and the Freedom of Information Act.
o
You are asked to carefully
read the Terms and Conditions before contacting the
o The information contained within the program is CONFIDENTIAL and is disclosed to defense counsel for the sole purpose of preparing the Defendant’s case and with the expectation that any of the information garnered will not be used improperly. Defense counsel is strictly forbidden from:
1. Dissemination of information to any person for any purpose beyond what is necessary to effectively represent the defendant;
2. Utilizing this information to harass, threaten, or otherwise intimidate victims and/or witnesses; and
3. Providing printed copies of electronic discovery to any person outside of defense counsel’s employment.
o Defense counsel accepts sole responsibility to ensure that none of the information obtained from the program is used or disseminated improperly. Defense counsel accepts responsibility to advise his/her client(s), employees or agents of the limits and restrictions contained within this agreement, with respect to the use of the program and to ensure that all client(s), employees and agents abide by the terms and conditions contained herein.
o Any breach of this agreement may result in the immediate termination of the use of the program and in such an event discovery will be complied with by inspection rather than by reproduction in all future cases.
Policies and Procedure for Access
o
Defense Counsel must have
signed and submitted to the
o
Defense Counsel will be
required to register with the
o Use of the program enables the attorney of record to access his/her pending cases any time and from any computer with Internet access.
o Defense counsel will access the program by entering his/her e-mail address and a password. In the event counsel believes his/her password has been compromised, counsel must immediately:
1. Change the password
2.
Notify the
o
Access cannot be given
to any case not yet filed with the
1. Review his/her case discovery through the program;
2. Review the discovery prior to any court hearings, status conferences or trials for any additions or updated information;
3.
Advise the
4. Schedule an appointment to review any physical evidence;
5. Request a copy of any DVD/video/audio or photographs and provide media for copying; and
6.
Advise the
o
This agreement is not
intended to relieve counsel for the Defendant of any duty he/she may have with
respect to viewing the contents of the file. This agreement is meant to assist
counsel for the Defendant with the discovery process. From time to time after
the initial file is created in the
Specific Restricted Items
o The following items shall not be revealed to the defense: (1) Grand jury testimony (except as ordered by the Court), (2) Victim impact statements, (3) psychological profiles (except that of the defendant), and (4) any information that would compromise the safety or well-being of victims or witnesses.
o As a general rule, the following items are not shown or given to the defense, although the contents or information may be orally summarized for them within the discretion of the prosecutor on the case: (1) attorney work product (including work product of our agents), (2) victim contact sheets, and (3) reports of expert witnesses. The documents can be shown to the defense for good reason.
o
Defense Counsel will
not be given a copy of the Defendant’s NCIC/TCIC report or forensic interviews.
However, both will be available for viewing in the
o
NOTICE: Medical Records, EMS Records,
Child Protective Services Records, and any records relating to the
o
In addition to the
policies described above, Defense Counsel is able to access the
o Defense Counsel is encouraged to schedule an appointment with the prosecutor assigned to the case they wish to discuss by calling (830) 393-7305.
AGREEMENT REGARDING DISCOVERY INFORMATION
Counsel for the Defendant and the County Attorney’s Office for Ochiltree County, Texas agree to be bound by the document entitled TERMS & CONDITIONS OF DISCOVERY OF THE COUNTY ATTORNEY’S FILE IN OCHILTREE COUNTY, TEXAS (the “Policy”). By signing below counsel for the Defendant signifies that he/she has received, read and agrees to be bound to the policy. Counsel for the Defendant and State further agree to provide the information contained and described by Section 39.14 Code of Criminal Procedure to opposing counsel not later than the 20th day before trial begins. It is the duty of each side to amend and supplement any disclosure provided by Section 39.14.