Protecting Justice: Why Proposed Changes to the Michael Morton Act Threaten Fairness in Texas
The Michael Morton Act was a landmark reform in Texas criminal justice, ensuring that prosecutors must disclose evidence to the defense. This transparency is vital for preventing wrongful convictions and upholding the integrity of our legal system.
However, recent proposals in the Texas Legislature, particularly Senate Bill 1124, threaten to undermine these protections. This bill would grant prosecutors the discretion to determine what constitutes “relevant” evidence and allow them to not have to disclose evidence if disclosure is deemed too burdensome.
The Importance of Full Disclosure
The original Michael Morton Act was named after Michael Morton, who spent 25 years wrongfully imprisoned due to the withholding of exculpatory evidence. The Act mandates that prosecutors share all evidence that may be favorable to the defendant, ensuring a fair trial and reducing the risk of wrongful convictions. Prosecutors in Texas do not have the discretion currently to decide unilaterally what is material evidence. The duty to disclose evidence if broader in Texas than the duty to disclose expulatory evidence as mandated by Brady v. Maryland. The duty of the prosecutor to disclose evidence in Texas goes beyond allowing the prosecutor to decide if the evidence is material. See Schultz vs. Commission for Lawyer Discipline.
Allowing prosecutors to unilaterally decide what evidence is relevant or too burdensome to disclose introduces significant risks. It places the power to determine fairness in the hands of one party, potentially leading to biased decisions that could seriously disadvantage the defense and lead to wrongful convictions.
Potential Consequences of SB 1124
- Erosion of Fair Trial Rights: By permitting prosecutors to withhold evidence they deem irrelevant or too burdensome to disclose, defendants may be deprived of information crucial to their defense.
- Increased Risk of Wrongful Convictions: Without comprehensive evidence, the likelihood of convicting innocent individuals rises, undermining public trust in the justice system.
- Lack of Accountability: This proposal could diminish the checks and balances that ensure prosecutorial conduct remains transparent and just. Prosecutors have a duty to see that justice is done, not simply to get convictions.
Upholding Justice in Texas
At David Smith Law Firm, PLLC, we believe that justice is best served when the defense has access to the full spectrum of evidence, and the government has turned over all evidence to the defense. We stand against any measures that would compromise the fairness of our legal proceedings.
As a former prosecutor, David recognizes the importance of turning over all evidence in case to the defense. Being a prosecutor was a special role in the adversarial process of criminal law—one in which the prosecutor isn’t tasked with winning, but to see that justice is done. Justice is accomplished by not withholding any evidence from the defense.
We urge lawmakers to reject SB 1124 and any similar proposals that threaten the principles of transparency and fairness established by the Michael Morton Act. Protecting the rights of the accused is essential for maintaining the integrity of our justice system. We also urge you to contact your senator, as well as the senators on the Senate Committee on Criminal Justice and firmly but respectfully encourage them to not allow these changes to the Michael Morton Act.
Note: For a detailed discussion on Senate Bill 1124 and its implications, refer to the article from the Austin American-Statesman.
The Senate Committe on Criminal Justice members can be found at: https://senate.texas.gov/cmte.php?c=590
House Committee Companion Bill
A similar bill is being debated in the Texas House–House Bill 3330–the House Committee on Criminal Jurisprudence Members you can reach out to:
Chair John Smithee, Amarillo – (512) 463-0702, [email protected]
Vice-Chair Gene Wu, Houston – (512) 463-0492, [email protected]
Rep. Rhetta Andrews Bowers, Rowlett – (512) 463-0464, [email protected]
Rep. David Cook, Mansfield – (512) 463-0374, [email protected]
Rep. Jolanda Jones, Houston – (512) 463-0524, [email protected]
Rep. Mitch Little, The Colony – (512) 463-0478, [email protected]
Rep. AJ Louderback, Victoria – (512) 463-0456, [email protected]
Rep. Brent Money, Greenville – (512) 463-0880, [email protected]
Rep. Joe Moody, El Paso – (512) 463-0728, [email protected]
Rep. Ana-Maria Rodriguez Ramos, Dallas – (512) 463-0454, [email protected]
Rep. Wes Virdell, Brady – (512) 463-0536, [email protected]
