I have an attorney who made a motion for the criminal records of my officers. We agreed to submit to the Court for review in chambers. Is there any problem with this? I've done it before, but it was years ago.

We do not believe that, per our TCIC/NCIC agreement, we can release a CCH. What we have done instead is to run them ourselves, and then have an attorney or our investigator create a summary that lists any convictions that may be available for impeachment.

Like, a blanket request for the criminal records for everyone on the force, or for a specific officer in a specific case?

If the cop is a witness in your case, then skip the judge and let them see your cops criminal history. Do this for all witnesses, cop or no, in every case if you're not already. Then you can fight about whether the crimes are admissible. There's no good reason not to and a million good reasons why you shouldn't get caught withholding criminal records of cops.

If they want all the records for all the cops on the force for... well, who knows what they'd actually do with that, then they're not supposed to be asking through you. It doesn't have anything to do with you if it's not for a specific purpose for a specific case. They need to get it the same way they'd ask for criminal history from everyone at City Hall or any other public employee.

They only want the ones for the police officer witnesses for this particular case. Thanks for the help. I see there are a range of ways people are dealing with this issue.

FWIW, most counties, including the ones I've worked for, do a version of what Brody is describing. No one I know copies the TCIC/ NCIC and gives it to the defense because everyone agrees that's not allowed. Some counties send a notice (and file it with the court) saying "This witness has criminal history, come view it via our open file policy," and then they just let the defense physically view the TCIC/ NCIC report. There is some disagreement as to whether or not this is actually permitted.

Most others do exactly what Brody described: summarize at least the information that can be used for impeachment, or maybe ALL of the information, even if it's older than 10 years or resulted in probation, etc. just to be safe. And then argue with the defense attorney in front of the judge pre-trial as to whether or not it's admissible.

Yes, I should be clear- our working definition of "might be available for impeachment" is quite larger than what's in the CCP. Generally, if it's on the CCH it gets included in the summary.

I might be mistaken on this but I was under the impression that we have no obligation to create discovery for the defense. Defense's motion requesting a TCIC/NCIC for officer witnesses puts us in a situation where we are forced to create a document that does not yet exist. See In re Watkins, 369 S.W.3d 702.

Obviously it is good practice to have a Brady disclosure list of officers who have been in trouble; and that information becomes Brady when it comes into our possession; but we are not required to seek out Brady for the defense. Let me know what you all think.

Yeah, if your officer has no history then you've got nothing you have to turn over. But the PD most DEFINITELY has run the officer's criminal history. So if there's anything there, the State is in possession of impeachment evidence and you'll want to turn that over.

If your defense attorney really wants to, he can create an account with DPS Crime Records Services and obtain an officers CCH that way, without involving you at all.

Wouldn't you rather know first?

Summarize, don't copy. That is what I was taught in TCIC/NCIC class.

The only way to legally copy and provide to defense is with court order. Otherwise you have to summarize.