New York State Overhauls Discovery Process in Criminal Cases | The Marshall Project


The new rules, which go into effect in January 2020, eliminate the need for defense attorneys to file requests for discovery and require that a wide range of information, including grand jury testimony and police reports, be turned over automatically 15 days after an indictment. The rules also require some “reciprocal discovery,” in which the defense must turn over some evidence to the prosecution. The measure allows prosecutors to request a protective order from a judge, allowing them to withhold witness information if they have reason to think the defendant may intimidate or harass the witness.

NYSBA to Study if Move to Uniform Bar Exam Led to a Rise in Lawyers Unprepared to Practice | New York Law Journal

By Susan DeSantis


What is clear is this: Nearly three years after the test debuted, some judges, lawyers and educators are bemoaning the impact. In meetings and lectures, judges are talking openly about the lack of knowledge possessed by lawyers appearing before them.

No one knows whether the perceived deficiencies are caused by the lack of rigor of the Uniform Bar Exam itself, deficiencies in the 50 multiple choice question open-book test on New York law that accompanies the multistate test, or the precipitous drop in the percentage of students studying New York practice.

At one time, 80 to 90 percent of students at some New York law schools would take a course in New York practice; some law schools say that number has declined to less than 20 percent.


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