NC post-conviction rule supports justice

Under a rule approved by a committee of the State Bar, prosecutors would be compelled to reveal evidence of innocence that is obtained after a person is convicted of a crime. Astonishingly, prosecutors currently have to reveal such evidence only before a conviction.

Obviously this is a move toward common sense and fairness. It likely reflects cases in recent years in which innocent people were convicted and served penalties they did not deserve. The Bar also is moving toward requiring all attorneys, including criminal defense lawyers, to reveal evidence of innocence, post-conviction, provided it does not violate attorney-client privilege.

The American Bar Association has recommended that all states adopt such rules, and 14 others have done so.

It appears from Associated Press reports that the issue has been fully reviewed by a subcommittee of the Bar, and it now will face more review, and then the proposal will be sent to attorneys for their feedback. All lawyers must put justice first and that would require them to endorse this rule.

Innocence is innocence, no matter when the truth becomes known. It is good for the Bar to try to get rules on the books that will reinforce the goal of fairness even after someone is convicted.

This story was originally published September 14, 2016 at 6:44 PM with the headline "NC post-conviction rule supports justice."