Rule 16-1 Disclosure of Personnel Records of Law Enforcement Agents

(a) Defendant's Motion. A defendant seeking disclosure of personnel and/or internal affairs files of a particular law enforcement officer must first confer with the Attorney General in an effort to reach agreement on the scope of any such disclosure to be made. If agreement cannot be reached, the defendant may move for a court order requiring disclosure such files. Such motion must:

(1) include a report of the parties' efforts to resolve the issue, or give reasons for not so conferring; and

(2) show reasonable grounds to believe that the records sought may contain discoverable information.

(b) Attorney General's Response; Protective Order Application. If the Attorney General believes that some or all of the information requested in a motion under this Rule should not be disclosed – and if agreement cannot be reached with defense counsel on the scope of any such disclosure – as part of its response to the defendant's motion the government may request a protective order under Virgin Islands Rule of Criminal Procedure 16(d)(1) for some or all of the information sought. The Attorney General shall estimate in the response the time required to conduct the search and review of records sought by the defendant.

(c) Directions by the Court. After considering the response by the government to a defendant's motion under this Rule, the court may order the Attorney General of the Virgin Islands to search for, review and produce to the defendant all personnel and internal affairs files relating to such officer's employment in the Virgin Islands and – if reasonably available – records of any federal agency employing such officer. The court may direct disclosure of:

(1) the substance of all disciplinary reports;

(2) citizen complaints;

(3) departmental and/or agency complaints, including any disposition;

(4) medical and/or psychological information which could reasonably bear on the officer’s ability to observe, perceive or relate events, or which could affect such officer’s credibility;

(5) positive drug and/or alcohol testing results;

(6) criminal charges whether prosecuted or not;

(7) the substance of all internal affairs investigative files including all allegations and dispositions;

(8) all misconduct complaints and reports; and

(9) any other acts and information, whether substantiated or not, which could reasonably bear on the officer’s credibility or character for truthfulness. The court shall set a timetable for such disclosure and may impose such conditions or limitations upon the disclosure as the court deems necessary and may, in the exercise of its discretion, conduct in camera inspection of all or part of the records prior to disclosure to the defendant.

(d) Search Description. If a search and review of records pursuant to an order issued under subsection (c) reveals nothing to be disclosed for one or more of the categories the court has ordered produced, the Attorney General must file a statement including the following information: that a search was conducted for the specified categories of records, the extent of the search, the existence of any protective order governing the scope of such search, and that there is no information not subject to a protective order that is material to the preparation of the defense in the specified categories.

Effective December 1, 2017 (Promulgation Order 2017-010)