1. LITIGATION SUPPORT Matthew Durkin Deputy Attorney General Colorado Attorney General’s Office Mellisa Lambeth Paralegal Colorado Attorney General’s Office

2. “The primary responsibility of a prosecutor is to SEEK JUSTICE, which can only be achieved by the representation and presentation of the TRUTH.” National District Attorney’s Association (NDAA) National Prosecution Standards 1-1.1 KE DISCOVERY PRINCIPLES – June 20142

3. NATIONAL CRIMINAL PROCEDURES CODE ARTICLE 337. EVIDENCE DISCOVERY The evidentiary discovery conducted by the public prosecutor’s office, consists of material delivery to the defense, copy of the records of the investigation, as well as access to be given to the defense with respect to the material evidence collected during the investigation. Delivery of the copies chosen and access to the referred material evidence should be performed by the public prosecutor immediately upon the request of the defense … KEY DISCOVERY PRINCIPLES - June, 20143

4. Deputy Attorney General Legal Policy & Governmental Affairs David Blake Administrative Assistant Laura-Jane Weimer Solicitor General Daniel Domenico Assistant Solicitor General Michael Francisco Administrative Assistant Laura-Jane Weimer Communication Director Carolyn Tyler Director of Administration Hugh Wilson Budget, Human Resources, Financial Services, Business Operations and Litigation Support & Information Technology Deputy AG Business & Licensing Diana Black Deputy AG Civil Litigation & Employment Law Vincent Morscher Deputy AG Revenue & Utilities Melanie Snyder Deputy AG Natural Resources & Environment Casey Shpall Deputy AG State Services Bernie Buescher Deputy AG Criminal Justice Matthew Durkin Deputy Solicitor General Catherine Adkisson Deputy AG Consumer Protection Jan Zavislan Professions & Occupations (Medical, Nursing, Dental, Health Services, Business & Technical Real Estate, Agriculture Financial Services, Banking, Credit Union, Securities, Insurance Ethics Commission Personnel Board Civil Rights PUC Litigation Revenue Conservation Easement Tax Credits Corrections & Public Safety Employment/Personnel & Civil Rights Employment Tort Litigation Tort Litigation Transportation Worker’s Compensation Federal & Interstate Water / Colorado River Water Resources Water Conservation Resource Conservation State Land Trusts Parks & Wildlife Water Quality & Radiation Air Quality Hazardous & Solid Waste CERCLA/NRDS Education (State Board, Dept. of EDU, Higher EDU Institutions) Human Services Public Utilities Commission Health Care (HCPE, Health Div. of CDPHE, DHS, Self Sufficiency) Labor & Employment (Board of Assessment Appeals, DPA, Contract Review, DOLE, HIPAA) Public Officials (Governor, Sec. of State, Treasurer, Judiciary, Military Affairs, Lottery) Consumer Fraud Office of Consumer Counsel Anti-Trust, Tobacco, Mortgage Fraud Consumer Credit Securities & Insurance Fraud Medicaid Fraud Special Prosecutions (Violent Crimes, Complex, Gang, Homicide Assistance, Environmental, Foreign Pros, Workers Comp, Auto Theft) POST Board, Prosecution Assistance Criminal Appeals Attorney General John W. Suthers Executive Assistant Terri Connell Chief Deputy Attorney General Cynthia Coffman Executive Assistant, Communications & Marketing Specialist Laura Morales

6. STAFF Classified Administrative and litigation support staff  State Personnel Rules and Procedures  Statute  Constitution Non-classified Attorneys  Department Policy

7. ADMINISTRATIVE RULES AND PROCEDURES Hiring Process Compensation Performance Management Schedule Management Dispute/Conflict Resolution Corrective/Disciplinary Action Separation

8. HIRING PROCESS Define the job Define the qualifications Job announcement Fair application and screening process Interview Hire  Background check  New employee orientation and training

9. COMPENSATION Salary ranges established by State Personnel system Salary ranges based upon occupational groups and classifications Pay must be within salary ranges Pay increases must be within classifications and is a percentage based upon structured performance rating

10. PERFORMANCE MANAGEMENT Performance management process established by State Personnel system Written performance plan based upon specific responsibilities and state-wide core competencies Performance evaluation based upon the performance plan Mid-year review Annual review

11. SCHEDULE MANAGMENT Core 40 hour work week Paid Leave Annual Sick Family Medical Leave Holiday Administrative Bereavement Injury Military Jury duty

12. DISPUTE/CONFLICT RESOLUTION Informal Dispute Resolution Formal Dispute Resolution Grievances Appeals Performance Disputes and Appeals

13. CORRECTIVE/DISCIPLINARY ACTION Informal Discussion Performance Improvement Memo Formal Corrective Action Disciplinary Action * Contact Human Resources

14. SEPARATION Retirement Resignation Termination

16. CONSTITUTIONAL AND STATUTORY REQUIREMENT Maryland v. Brady (1963): United States Supreme Court held that the prosecution must produce all exculpatory information. Colorado Criminal Procedure Rule 16: Goes beyond Brady and requires the prosecution to turn over information including police reports and expert reports. Sanctions can include suppression or even dismissal of the case. KEY DISCOVERY PRINCIPLES - June, 201416

17. RULE 3.8(d) RULES OF PROFESSIONAL CONDUCT The prosecutor in a criminal case SHALL (d) make timely disclosure to the defense of all evidence of information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal. KEY DISCOVERY PRINCIPLES – June 201417

18. KEY PRINCIPLES 1.Disclosure must be made of materials favorable to the defendant that is exculpatory, impeaching, or mitigating. 2.No defense request is required. 3.Doubtful questions should be resolved in favor of disclosure 4.Failure to preserve evidence with apparent exculpatory value that is potentially useful to the defendant will lead to sanctions. KEY DISCOVERY PRINCIPLES - June, 201418

19. Open-File Policy Insufficient “We certainly do not criticize the prosecution’s use of the open file policy. We recognize that this practice may increase the efficiency and the fairness of the criminal process. We merely note that, if a prosecutor asserts that he complies with Brady through an open file policy, defense counsel may reasonably rely on that file to contain all materials the State is constitutionally obligated to disclose under Brady.” Strickler v. Greene, 527 U.S. 263 fn 23 (1999) (Certain impeachment material in the possession of the police officers, not the prosecutor.) In Colorado see People v. Hernandez, 686 P.2d 1325 (Colo. 1984). KEY DISCOVERY PRINCIPLES - June, 201419

20. SHALL DISCLOSE MEANS PROVIDED TO THE DEFENSE The Court of Appeals interprets Crim.P. Rule 16(I)(a)(2) “the prosecution shall disclose to the defense any material or information within his possession or control....” to mean “provided to....” People v. Bueno, 2013 COA 151 KEY DISCOVERY PRINCIPLES - June, 201420

21. PROSECUTION LETTER TO LAW ENFORCEMENT “The Office of the District Attorney is required to obtain all discoverable materials related to this case. Constitutional Brady discoverable material includes, but is not limited to, information or material that is exculpatory, impeaching, or mitigating. We are also required to comply with further discovery under Crim.P. Rule 16. Please notify the Office of the District Attorney of any and all information and material related to this case. Please note that the obligation to provide full discovery is an ongoing obligation lasting throughout the case. Failure to make timely notification of all discoverable material to the defense may adversely affect the outcome of this case up to and including dismissal. If you now or in the future have in your possession any discoverable material or information, please immediately contact the Deputy District Attorney responsible for the prosecution of this case. Thank you for your prompt and ongoing attention to this matter.” KEY DISCOVERY PRINCIPLES - June, 201421

22. DISCOVERY MANAGEMENT Four Pillars of Litigation Support 1)Knowledge Management; 2)Document Management; 3)Electronic Discovery; and 4)Trial Presentation.

23. LITIGATION SUPPORT BEST PRACTICES Detailed case lifecycle technology plan and task list to provide everyone and every case with a consistent litigation support experience; Detailed procedures and logs for collecting, processing and managing documents; Standard technology to be used and how it should be used; Detailed plan to train the legal staff on how to use the technology.