A 2013 law that revamped criminal discovery in Texas has prompted the state’s lawyer ethics committee to rethink an opinion about prosecutors requiring criminal defense lawyers to sign agreements for discovery.
A 2012 opinion by the State Bar of Texas Professional Ethics Committee approved of a practice by prosecutors of opening their files only after criminal defense lawyers agreed not to share copies with others and not to seek court-ordered discovery. But the new Opinion No. 646 says the practice is now unethical because of the Michael Morton Act, which required prosecutors statewide to follow an open file policy.
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