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Criminal Justice Discovery Reform: More Reforming than Meets the Eye
Jan 13, 2025

The article by Leah Nowotarski discusses the significant impact of discovery on the speedy trial process in the criminal justice system. Following changes in Bail and Discovery laws in 2020, the scrutiny of statements of readiness and defense obligations has intensified. Prosecutors are now under stricter time constraints, facing reduced leniency for non-compliance, leading to dismissals based on what some consider "technicalities." 

Key questions arise regarding the responsibilities of parties in disclosing missing materials and the remedies for non-compliance, as well as how courts assess prejudice to either party regarding disclosure issues. The increase in digital discovery has further complicated matters, necessitating legal practitioners to adapt to new technologies while facing ethical dilemmas in their evolving practices.

The Criminal Justice Section addresses these complexities in their annual continuing legal education (CLE) program, focusing on developments after the People v Bay case. The aim is to equip attorneys with the necessary tools to navigate these challenges effectively.

Leah Nowotarski, a seasoned public defender, emphasizes the importance of understanding the ongoing changes in discovery practices within the field of criminal law.

Criminal Justice Discovery Reform: More Reforming than Meets the Eye


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Suffolk County PBA
500 Expressway Dr South
Brentwood, NY 11717
  6315634200

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