Peace officers may ask courts to review prosecutor list decisions

A peace officer may ask a district court to review a prosecuting agency’s decision to place the officer on a Brady-Giglio list. This applies to an officer placed on a Brady-Giglio list by a prosecuting agency, regardless of when the placement, action, or decision occurred. The court reviews the evidence privately. It may hold a closed hearing if the officer or agency requests one, or on its own decision. The court may affirm, change, or reverse the agency’s decision and may order relief, including removing the officer from the list. If the court finds for the officer, it must award fair relief and reasonable attorney fees, expenses, and court costs upon the officer’s application. The state or the responsible county or municipality pays the award. The law took effect upon enactment. It applies retroactively to list placements and later proceedings and orders occurring on or after July 1, 2021.