Legislature passes bill requiring Alabama Ethics Commission to share exculpatory evidence with the accused

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On Tuesday, both houses of the Alabama Legislature voted to pass a conference committee version of legislation requiring that the Alabama Ethics Commission share evidence uncovered that would exonerate persons accused of wrongdoing.

Senate Bill 103 was sponsored by State Sen. Arthur Orr (R-Decatur). It was carried in the House by State Representative Cynthia Almond (R-Tuscaloosa).

Sen. Orr said that the changes in the bill had to do with the whistle-blower protection act.

Rep. Almond explained when the bill was on the House floor, “What the bill does is require the ethics commission to turn over exculpatory information once the matter has gone through the investigative phase.”

This legislation is in response to a controversial advisory opinion issued last year by the Alabama Ethics Commission. It was stated that it was the position of the Commission that it does not have a legal responsibility to share any exonerating evidence with the attorneys of persons the Commission is investigating.

Alabama Attorney General Steve Marshall strongly objected to that position. Marshall said that this violated the rules of evidence and that failing to disclose exculpatory evidence could jeopardize the integrity of future prosecution.

In response, the Attorney General’s office has sued the Alabama Ethics Commission to force the Commission to overturn the policy. Marshall has even gone so far as to argue that any referral to prosecute someone from the Ethics Commission is “worthless,” given the possibility that the Ethics Commission’s staff had suppressed evidence showing that the accused may actually be innocent of the crimes they have been charged with.

“Thus, the respondent can neither be confident that he fully understands the case against him, nor that the exculpatory evidence has been considered by the Ethics Commission before it votes on whether to refer the matter for prosecution or administrative resolution,” the lawsuit states. “In either case, the respondent’s legal defense is impeded.”

According to the synopsis, “This bill would require the State Ethics Commission, before referring a case for prosecution of an alleged ethics or campaign finance violation or before resolving a violation administratively, to provide the person who allegedly violated the law with exculpatory evidence in the possession of the commission.”

Passage of SB103 means that the Ethics Commission will have to share any evidence it finds indicating that the accused may be innocent of whatever crimes they have been accused of.

Both Houses voted to concur with the conference committee version of SB103 on the last day of the regular session. The Alabama Constitution limits the regular session to no more than thirty legislative days.

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