Attorney General Jackley Releases New State Policy On Constitutional Disclosure Requirements for Criminal Cases

FOR IMMEDIATE RELEASE: Monday, September 28, 2026

Contact: Tony Mangan, Communications Director, 605-773-6878 

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that a task force he created in 2025 has developed a recommended model policy to help South Dakota prosecutors and law enforcement agencies address constitutional disclosure requirements in criminal cases.

“This recommended model policy furthers government transparency. It provides South Dakota prosecutors and law enforcement agencies with a consistent framework for addressing Constitutional disclosure obligations,” said Attorney General Jackley. “I thank the task force members for developing practical guidance that promotes fairness, consistency, and confidence in the criminal justice system.”

The recommended prosecutorial guidance addresses the United States Supreme Court’s decisions in Brady v. Maryland and Giglio v. United States. Those decisions require prosecutors to disclose certain evidence favorable to the accused, including information that may affect the credibility of government witnesses, such as law enforcement officers. The disclosure obligations help protect a defendant’s right to a fair trial.

Attorney General Jackley created the task force to review Brady/Giglio disclosure requirements and recommend a practical framework for South Dakota prosecutors and law enforcement agencies. The resulting guidance provides recommended procedures for identifying potential disclosure information, reviewing credibility-related matters involving recurring government witnesses, and making case-specific disclosure decisions.

The recommended model policy is for guidance only. It does not establish a mandatory statewide process or limit the independent professional judgment of State’s Attorneys.

Task force members were:

• Ernest Thompson, Deputy Attorney General, South Dakota Attorney General’s Office;
• Matthew Glenn, Supervisory Special Agent and Law Enforcement Training Administrator, South Dakota Division of Criminal Investigation;
• Lt. Brandon Akron, South Dakota Highway Patrol;
• Cory Borg, Deuel County Sheriff;
• Crystal Brady, Chief of Police, Vermillion Police Department;
• Lara Roetzel, Pennington County State’s Attorney; and,
• Tyler Larsen, Yankton County State’s Attorney

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