*NEW* Virginia State Bar seeks comments on proposed revisions to two Rules:
1.Proposed Comment  to Rule 3.8, Additional Responsibilities of a Prosecutor
 Paragraph (d) requires disclosure of the existence of exculpatory evidence known to the prosecutor. As referred to in Comment 4, the duty is dependent on actual knowledge. Once the prosecutor knows particular evidence is exculpatory, the prosecutor must timely disclose the evidence. What constitutes sufficient disclosure is dependent on the circumstances. In many cases, providing a copy of or access to the evidence or information is sufficient. In some circumstances, additional steps may be necessary to fulfill the disclosure obligation.
The proposed changes to the Rule add paragraph (b), which codifies the guidance currently found in LEO 1702 regarding a lawyer who receives privileged information that was inadvertently sent. Specifically, paragraph (b) requires that a lawyer who receives information relating to the representation of the lawyer’s client and who knows that the information is privileged and was inadvertently sent must immediately terminate review or use of the information, promptly notify the sender, and abide by the sender’s instructions, if applicable, to return or destroy the information.
On September 5, 2018, the Supreme Court of Virginia approved new rules regarding criminal discovery. After many years of work by VACDL members and our allies advocating for reform, a new playing field will emerge when these rules go into effect on July 1, 2019. To read the letter from Chief Justice Donald W. Lemons and the new rules, click below:
Thank you to everyone who attended our Fall CLE in Portsmouth! It was a great event and we look forward to seeing you in Richmond on April 5th for the Spring Seminar!
*Special thanks to our seminar sponsors: MLM Insurance, Smart Start, Recovery for Life, and Lantagne Legal Printing*
VACDL endorses the following sponsors and partners:
Registration is through the VIDC, and there is no cost.
VIRGINIA FAIR TRIAL COALITION:
We support the efforts to reform discovery rules in Virginia to ensure just and fair trials for all accused of criminal offenses. If you'd also like to support this initiative, click on the link below:
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Virginia Association of Criminal Defense Lawyers