Supreme Court of Virginia Press Release

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1 CHIEF.JUSTICE SUPREME COURT OF VIRGINIA CLERK DONALD W, LEMONS PATR.ClA L. HARRINGTON.JUSTICES S. BERNARD GOODWYN L.EROY F. MILlEiTE~ JR. WILLIAM C. MIMS ELIZABETH A. McCLANAHAN CLEO E. POWELL D. ARTHUR KELSEY SENIOR.JUSTICES CHARLES S. RUSSELL ELIZABETH e, LACY LAWRENCE L. KOONTZ.. JR. SUPREME COURT BUILDING RICHMOND, VIRGINIA EXECUTIVE SECRETARY KARL R. HADE CHIEF STAFF ATTORNEY K. LORRAlNE LORD REPORTER OF DECISIONS KENT SINCLAIR STATE I..AW I.IBRARIAN GAIL. WARREN Supreme Court of Virginia Press Release Media Contact: Patricia L. Harrington, Clerk Release Date: March 3, 2015 COMMENTS OF CHIEF JUSTICE DONALD W. LEMONS UPON RELEASE OF THE REPORT OF SPECIAL COMMITTEE ON CRIMINAL DISCOVERY RULES At the direction ofthe Justices ofthe Supreme Court of Virginia, a special committee on criminal discovery rules was appointed. The committee was chaired by The Honorable Thomas D. Horne, retired judge of the 20 th Judicial Circuit. The committee was representative ofdiverse interests including prosecutors, criminal defense lawyers, law enforcement officials, academics, clerks, victims' advocates,judges and members ofboth the House of Delegates and the Senate of Virginia. Over an II-month period in 2014, the committee considered proposed changes to the Rules ofthe Supreme Court ofvirginia, as well as recommended amendments to the Code of Virginia concerning discovery procedures for criminal cases in the courts of the Commonwealth. The committee delivered its report to the Supreme Court ofvirginia on December 2,2014. The Court appreciates the leadership ofjudge Horne and the thorough consideration of many complex issues by the committee. Today the report is released to the public for commentary. The Supreme Court ofvirginia neither endorses nor rejects any of the recommendations ofthe committee at this time.

2 forwarded to: Comments on the proposed rules must be received by June 30, 2015, and must be Patricia L. Harrington, Clerk Supreme Court of Virginia 100 North Ninth Street, 5 th Floor Richmond, VA OR via with the subject line, "Comment on Criminal Discovery Rules" to:

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10 Report of the Special Committee on Criminal Discovery Rules December 2, 2014 Special Committee on Criminal Discovery Rules Committee Membership The Honorable Thomas D. Horne Judge, Twentieth Judicial Circuit P.O. Box 727 Leesburg, VA The Honorable Rossie D. Alston, Jr. Judge, Court of Appeals ofvirignia 9255 Center Street, Suite 410 Manassas, VA Phone: Thomas J. Bondurant, Jr., Esquire Gentry Locke Rakes & Moore, LLP P.O. Box Roanoke, VA Phone: The Honorable Marjorie T. Arrington Judge, First Judicial Circuit 307 Albemarle Drive, Suite 400 A Chesapeake, VA Phone: us The Honorable Robert B. Bell Member, Virginia House of Delegates 2309 Finch Court Charlottesville, VA Phone: The Honorable Randy I. Bellows Judge, Nineteenth Judicial Circuit 4110 Chain Bridge Road Fairfax, VA Phone: randy. The Honorable Robert S. Brewbaker, Jr. Judge, Fifth Judicial District 105 N. Main Street Suffolk, Virginia Phone: va. us Professor David I. Bruck' Clinical Professor of Law Virginia Capital Case Clearinghouse Washington & Lee University School of Law 220 Sydney Lewis Hall Lexington, VA Phone: Ms. Virginia M. Coscia Director, Office ofthe Commonwealth's Attorney Fredericksburg Victim Witness Program P.O. Box 866 Fredericksburg, VA Phone: x 313 Emai I: vcosci IX

11 Report of the Special Committee on Criminal Discovery Rules December 2, 2014 Major Jack Davidson Virginia Sheriff's Association Washington County VA Sheriff's Office Rustic Lane Abingdon, VA Phone: John S. Koehler, Esquire Chambers of the Hon. Lawrence L. Koontz, Jr. Supreme Court of Virginia P.O. Box 687 Salem, VA Phone: The Honorable Michael R. Doucette Commonwealth's Attorney Virginia Association of Commonwealth's Attorneys P.0. Box 1539 Lynchburg, VA Phone: Professor John G. Douglass Professor of Law University of Richmond School of Law 25 Westhampton Way University of Richmond, VA Phone: The Honorable Randal J. Duncan Judge, Twenty-seventh Judicial District 55 East Main Street, 3'd Floor Christiansburg, VA The Honorable Michael N. Herring Commonwealth's Attorney City of Richmond 400 N. 9th St.,# I 00 Richmond, VA Phone: Emai I: Bonnie Hoffman, Esquire Deputy Public Defender Office of the Public Defender 3 East Market Street Leesburg, VA Phone: x ide. virginia.gov Alex N. Levay, Esquire Attorney-at-Law 29 North King Street Leesburg, VA Phone: ChiefTimothy J. Longo, Sr. President, Virginia Association of Chiefs of Police 606 E. Market Street Charlottesville, VA Phone: James McCauley, Esquire Ethics Counsel, Virginia State Bar 707 East Main Street, Suite 1500 Richmond, VA Phone: The Honorable A. Donald McEachin Member, Senate of Virginia 4719 Nine Mile Road Richmond, Virginia Stephanie Merritt, Esquire Department Counsel Department of Forensic Science 700 North 5th Street Richmond, VA Phone: X

12 Report of the Special Committee on Criminal Discovery Rules December 2, 2014 The Honorable Michael L. Moore Judge, Twenty-ninth Judicial Circuit P.O. Box 435 Lebanon, VA Phone: SaraN. Poole, Esquire Office of Legal Affairs Department of State Police P.O. Box Richmond, VA Phone: Emai I: virginia.gov The Honorable Stephanie Murray Shortt Commonwealth's Attorney County of Floyd 1 00 East Main Street, Room I 08 Floyd, VA Phone: The Honorable Richard H. Stuart Member, Senate of Virginia P.O. Box 1146 Montross, VA Phone: virginia.gov Douglas Ramseur, Esquire Virginia Association of Criminal Defense Lawyers 207 Granby Street, Suite 200 Norfolk, VA Phone: The Honorable George E. Schaefer Clerk, Norfolk Circuit Court I 00 St. Paul's Blvd. Norfolk, VA Telephone: va.us Vicki Tate Clerk, Wythe County General District Court 245 S. 4th Street, Suite 205 Wythewille, VA Phone: Emai I: va. us Virginia B. Theisen, Esquire Senior Asst. Attorney General Office of the Attorney General 900 E. Main Street, 5th Floor Richmond, VA Phone: Administrative Assistant Sharon F. Board Chambers of the Hon. Lwrence L. Koontz, Jr. Supreme Court of Virginia P.O. Box 687 Salem, VA Phone: va.us Law Clerk to Judge Horne Kyle Winey, Esquire P.O. Box 727 Leesburg, VA Kyle. 'Prof Bruck resigned from the Committee upon his appointment to serve as counsel to Dzhoklmr Tsarnaev, one of the alleged perpetrators of the 20 I 3 terrorist bombing of the Boston Marathon. xi

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Distinguished Professor of Judicial Studies, Washington and Lee University School of Law, 2007 present)

Distinguished Professor of Judicial Studies, Washington and Lee University School of Law, 2007 present) DONALD W. LEMONS CHIEF JUSTICE Supreme Court of Virginia 100 North Ninth Street Richmond, Virginia 23219 EMPLOYMENT: Currently: Chief Justice, Supreme Court of Virginia Formerly: Justice, Supreme Court

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