The Illinois State Bar Association's Board of Governors approved a resolution at its July meeting in support of the federal Fairness in Disclosure of Evidence Act of 2012, S. 2197 (Murkowski, R-Alaska). This act, which is pending before the Senate Judiciary Committee, codifies Brady v. Maryland to require the attorney for the U.S. government to disclose favorable information to the defendant in criminal prosecutions. Instances of the withholding of exculpatory evidence favorable to the accused have been cited in several cases, including the conviction of U.S. Senator Ted Stevens. Illinois Senator Richard Durbin sits as a member of the Judiciary Committee.
The ISBA Criminal Justice Section voted unanimously to support S. 2197. Read the resolution adopted by the Board of Governors at Fairness in Disclosure of Evidence Act.pdf.