New Jersey S2144 eliminates immunity for state, county, and municipal prosecutors who fail to disclose exculpatory evidence in criminal cases.
New Jersey S2144 eliminates immunity for state, county, and municipal prosecutors who fail to disclose exculpatory evidence in criminal cases. The bill removes immunity under the State’s Tort Claims Act and Civil Rights Act if a prosecutor fails to disclose exculpatory or impeachment evidence to a defendant or defendant’s counsel in violation of Brady-Giglio guidelines. Upon a finding of a violation, the court must award reasonable counsel fees and costs to the defendant. The bill also requires the court to notify the Office of Attorney Ethics within 24 hours of such a finding.
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