July 22, 2009
(804) 225-4806
www.governor.virginia.gov
~ Session to address US Supreme Court’s decision in Melendez-Diaz v. Massachusetts ~
Governor Timothy M. Kaine today announced his intention to call a special session of the General Assembly to begin on Wednesday, August 19, 2009. In agreement with the leadership of the General Assembly, the session will focus solely on the required law changes to assure Virginia’s compliance with the US Supreme Court’s ruling in Melendez-Diaz v. Massachusetts, which deals with the circumstances under which evidence must be presented at trial to comply with the confrontation clause of the US Constitution. The session will occur in conjunction with the annual August meeting of the General Assembly’s Joint Money Committees.
“In the absence of further guidance from the Supreme Court, a special session is the most effective way to ensure compliance with Melendez-Diaz and ensure that pending cases in Virginia are handled in an orderly fashion,” said Governor Kaine. “I have been in frequent contact with a number of legislators—especially Delegates Morgan Griffith and Steve Shannon, and Senators Donald McEachin and Ken Cuccinelli—as well as the Attorney General and Commonwealth’s Attorneys Association. We feel that a brief, focused special session will result in legislation that will address the concerns raised by the US Supreme Court.”
In Melendez-Diaz, the US Supreme court ruled that the burden was on the prosecution to present a witness, rather than simply introduce a certificate of laboratory analysis into evidence in criminal trials. This ruling will require forensic professionals to testify in more trials than had previously been required.
Governor Kaine also announced today that he will authorize the use of resources from the Economic Contingency Fund to allow forensic professionals to testify as needed in criminal trials in the Commonwealth. Certain immediate statutory changes will also be required to manage pending cases, and these changes will also be addressed during the special session.
By agreement of the legislative leadership, the only bills that will be heard during the special session will be those introduced on behalf of the administration to address the Melendez-Diaz case. Legislation will be crafted in conjunction with the Attorney General’s office, Division of Legislative Services and relevant stakeholders.
