Hon. Ron Reinstein (ret.) speaks at ASU Law School, Nov. 16, 2010

Yesterday, a program at ASU Law School turned a light on what may be one of the most important issues in law today.

“The White House Subcommittee on Forensic Science: Policies and Issues” was the title, and it covered developments—or the lack of them—that have followed on the nearly two years since the National Academy of Sciences issued a compelling report about the state of forensic science today.

(We covered the report’s release in Arizona Attorney in April 2009. You can read it here.)

The speaker was Ron Reinstein, former Maricopa County Superior Court Judge who now works at the Administrative Office of the Courts. His experience in the area is broad and deep, and he currently chairs the state’s Forensic Science Advisory Committee.

ASU’s Law & Science Student Association was the host, and it gave Reinstein 50 minutes to explain “what’s happening in the world of forensic science.” He did quite a job in his allotted time.

He admitted, though, that the White House Subcommittee is pretty stringent on what can and cannot be said about the group’s workings, at least until it issues its report. As he landed on his last slide, he said, “We’re only allowed to do that PowerPoint.”

Of course, he was able to explain far more than that about the world outside the subcommittee.

The takeaway message was that much work had been accomplished over the past year at the federal, state and local level. Unfortunately, that work has translated very little into changes in approach and operations in forensic labs. “To be honest,” he said, “I am not that encouraged about state government responses around the country.”

Even in terms of education, Reinstein admitted that few judges have read the NAS report, and many others are even unaware that it exists. A survey of Texas judges showed that only 22 percent knew anything about it. “That’s kind of scary,” Reinstein said.

Much that was proposed in the NAS Report is unlikely to come to pass, he said. That includes an effort to require that all forensic labs be independent of law enforcement agencies. “That was dead on arrival,” he said.

(For insight into why that is important, read an article in the November issue of the ABA Journal, titled “CSI Breakdown.” As it says, “Some police and prosecutors tend to view government-employed forensic scientists, including medical examiners, not as independent experts but as members of the prosecution’s ‘team.’” The article is here.)

Courts, too, have not taken a leadership position on forcing changes in the forensic science regimen. “Judges don’t feel comfortable taking the lead on this,” he explained, adding that there have been few challenges by defense counsel based on the NAS findings that would allow judges to rule on admissibility. (One exception he mentioned is Nancy Gertner, a federal judge for the United States District Court for the District of Massachusetts. You can read more about her here.)

The speaker showed some silver lining in terms of education. He’s been pleased at the focus on the topic at Arizona Judicial Council conferences, and at the State Bar Convention. He said that people interested in the topic are watching to see what if anything the state’s new Attorney General, Tom Horne, and the Legislature adopt in regard to forensic science. And he is confident that “The Supreme Court wants to see change occur”; he mentioned Justices Hurwitz and Bales, and former Justice Ryan, as three who have indicated a strong desire to see positive change happen soon.

In the same vein, his Forensic Science Advisory Committee has developed a six-month course that will educate prosecutors and defense attorneys—25 of each—on all aspects of forensic science. It will meet weekly from January through May.

Look for more coverage in Arizona Attorney in 2011.

Here are more photos from the event.

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