Superior Court Proposes Changes to Criminal Procedure Rule 5

April 26, 2022

The D.C. Superior Court Rules Committee has completed its review of proposed amendments to Rule 5 of the Superior Court Rules of Criminal Procedure.

In all criminal proceedings, at the defendant’s initial appearance, the judge must issue a written order to the attorney for the government and the defense counsel that confirms the attorney’s disclosure obligations under Brady v. Maryland. At the first hearing after the defendant’s primary appearance, the judge must orally confirm the terms of the written order. Also, the chief judge must issue a general order for use in accordance with Rule 5(f)(1).

Similar to the 2020 amendment to Federal Rule of Criminal Procedure 5, this revision is intended to allow arraignments and presentments to proceed without undue delay and to increase the likelihood that the Brady admonition is directed to counsel actually assigned to the case, rather than to counsel standing in at the defendant’s initial appearance.

The Rules Committee will recommend approval of the amendments by the Superior Court Board of Judges unless, after consideration of comments from the bar and the public, they are modified or withdrawn. View the full text of the notice, including the language of the proposed changes. Written comments must be submitted by May 31, 2022, via email to [email protected] or by mail to:

Pedro Briones
Associate General Counsel
District of Columbia Courts
500 Indiana Avenue, NW, Room 6715
Washington, DC 20001