In Re Bexar County Criminal District Attorney's Office

Privileges, to be effective, must be predictable; an uncertain privilege, or one subject to widely varying applications, is barely better than no privilege at all.

The United States Supreme Court declared a generation ago, “Although the work-product doctrine most frequently is asserted as a bar to discovery in civil litigation, its role in assuring the proper functioning of the criminal justice system is even more vital.”1 In my view, mandating testimony from DA personnel on these facts would impose an unwarranted burden on our State’s finite prosecutorial resources and impede the vigorous…