The second piece of legislation

which concerns the trial process is open and full discovery in misdemeanor

cases.

Currently my office has an

open file policy in which we allow virtually every criminal defendant

or attorney to look into the case file, hiding nothing. The law requires

that upon request that a prosecutor must supply the defendant with a copy

of the charges, list of witnesses, any and all information favorable to

a defendant, and copies of all scientific reports in the prosecutor's

possession.

In a felony case, the law requires

reciprocal discovery; i.e., the defendant must also provide the prosecutor

a list of his witnesses, and any scientific reports. Full and open discovery

prevents trial by ambush by either the prosecution or the defense. Reciprocal

discovery is needed in misdemeanor cases.

A prosecutor's ethical obligation

is to seek justice, not merely to seek a conviction. In the process of

seeking justice with honor, this legislature must treat both sides equally.

Our victims deserve no less.

Please contact your local legislator

or senator and urge them to support these two pieces of legislation. Let

them know that you and I as residents of the Griffin Judicial Circuit

will be watching to see what they do with this new legislative opportunity

for change.

Steven L. Harris

Fayette County Solicitor

General