Chair Brooks-Powers questions Judge Zayas on discovery compliance with state law timeframes
Brooks-Powers asks whether discovery materials are being served to defense counsel within statutory timeframes. Zayas says clearly they are not, with compliance taking roughly twice the required time.
But you mentioned that judges are now issuing scheduling orders to set deadlines and prioritize the discovery process.
In general, would you say discovery materials are being served to the defense counsel in accordance with the timeframes established in state law?
I think it's very clear that they are not.
As I indicated, the discovery statute calls for really accelerated disclosure.
I think it's 20 days for defendants who are being detained, 35 days for defendants who are not.
And we'll get you the numbers on each of those.
We do keep track of the numbers.
the times in which they file a certificate of compliance with discovery.
And I don't want to be critical of my partners
in government, the district attorney's office, but I think it's clear, and I think they would admit that they are not complying with the letter of the law.
In the discovery statute.
So it's maybe twice the time is probably more like it.
Understood.