Does an Officer Who Receives a Giglio Letter Have a Right to a Name Clearing Hearing?

In my most recent post, I noted that a law enforcement officer who is fired will sometimes have a right to a “name clearing hearing” at which the officer may supply evidence contradicting negative information about the officer’s honesty or integrity that the agency released in connection with the officer’s termination. I ended that post by asking whether an officer who is fired in connection with a Giglio letter is entitled to such a hearing. Under most circumstances, the answer to that question is no. Keep reading for more details. What’s a Giglio letter? Let’s start by clarifying some terminology. In Giglio v. United States, 405 U.S. 150 (1972), the Supreme Court considered a case where one prosecutor failed to disclose to the defense that another prosecutor had made a promise of leniency to a key witness in exchange for the witness’s testimony. The Court concluded that “nondisclosure of [material] evidence affecting credibility” violates due process, and therefore reversed the defendant’s conviction. The rationale of Giglio applies to all witnesses, including law enforcement officers. When a prosecutor is aware of material evidence that calls an officer’s credibility into doubt, the prosecutor must disclose that information to the defense. Some prosecutors’ offices maintain a “Giglio list,” essentially a roster of officers for whom material impeachment evidence is known. To promote interagency cooperation, some prosecutors write “Giglio letters” to the officer’s agency head when a Giglio issue arises with regard to an officer. Such a letter may advise the agency head that the [...]