The Committee on Court Administration and Case Management of the Judicial Conference of the United States has asked all federal courts to consider implementing new rules to protect defendants who cooperate with the United States. The judges in the District of Kansas considered several options before settling on the procedure outlined in new Local Rule CR 49.6.1. This new rule goes into effect on March 17, 2019, and will impact all felony criminal cases. All criminal practitioners should visit http://ksd.uscourts.gov/index.php/handling-cooperator-information/ and view the training video. The court will also host several online meetings the week of March 11 to answer any questions that you may have regarding the new procedure.
Pursuant to the new rule, the clerk’s office will create a Restricted Document Folder for each defendant in every felony criminal case whether or not a defendant may potentially or actually cooperate with the government. Any and all documents or pleadings containing cooperator information must be submitted by the government and the defendant to the presiding judge to determine whether placement in the Restricted Document Folder is warranted. The public docket sheet will not reflect the Restricted Document Folder or any documents contained therein. Access to the Restricted Document Folder will be limited to the Court and counsel of record.