Date of Offense
Reporting Authority
Statement
This statement is intended to bring public attention to a continuing and systemic failure by key public officials in the State of Illinois to uphold their legal and ethical duties under Rule 8.3 of the Illinois Rules of Professional Conduct, particularly as it intersects with Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972).
Despite national awareness and clear constitutional mandates, the Office of the Illinois Attorney General, the Cook County State's Attorney's Office, the Cook County Public Defender’s Office, and in particular, Melissa Delgado - an attorney active within this jurisdiction as an Assistant Public Defender - have failed to establish, maintain, or support a publicly accessible Brady/Giglio disclosure framework. These failures undermine both the due process rights of the accused and the public’s right to government transparency.
Legal and Ethical Framework
The Brady and Giglio doctrines obligate the prosecution - and by extension, the entire prosecutorial team including police, investigators, and affiliated counsel - to disclose exculpatory and impeachment material to the defense. In jurisdictions such as Cook County, where patterns of police misconduct have been substantiated in both the press and judicial rulings, the absence of a publicly maintained Brady List cannot be justified.
Under Rule 8.3(a), “[a] lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.” This obligation is not optional. The systemic failure to report known misconduct, especially in prosecutorial offices or among law enforcement witnesses, is a direct violation of this rule.
Named Failures
Kwame Raoul, Attorney General of Illinois: The failure to lead or enforce statewide compliance with Brady obligations through transparent platforms, standardized procedures, or ethical enforcement demonstrates administrative negligence and undermines the uniform administration of justice.
Eileen O'Neill, Cook County State's Attorney: The Cook County State’s Attorney’s Office, under its obligations pursuant to Rule 3.8: Special Responsibilities of a Prosecutor and Rule 3.4: Fairness to Opposing Party and Counsel, has failed to maintain systems that ensure the timely and consistent disclosure of Brady and Giglio material. This failure has been directly acknowledged by attorney Melissa Delgado (Assistant Public Defender), who stated clearly that prosecutors in Cook County regularly withhold impeachment material and do not properly document or share misconduct records of law enforcement officers. This admission constitutes prima facie evidence of a widespread, institutional failure to adhere to both constitutional mandates and professional conduct rules. The State’s Attorney’s Office cannot plausibly disclaim knowledge of these obligations, and the continued absence of a public Brady List signals deliberate disregard. The result is a prosecutorial environment where justice is subordinated to expedience, and systemic violations go uncorrected placing tens of thousands of convictions in question.
Sharone R. Mitchell, Jr., Cook County Public Defender: This office has a heightened duty to protect the constitutional rights of the accused, particularly in cases where prosecutorial misconduct or Giglio material is known to exist. Failure to identify, track, and challenge tainted witnesses constitutes ineffective assistance and abrogates the public trust.
Melissa Delgado, Assistant Public Defender: As an individual attorney operating within this system, Delgado’s silence in the face of systemic misconduct - despite being in a position to observe or report material violations - raises questions as to her compliance with Rule 8.3(a). Whether through omission or passive complicity, this conduct invites professional scrutiny.
Ms. Delgado confirmed via eMail, on June 2, 2025, that the her office retains records of officer misconduct that in accordance with policy (pattern & practice) are evidence used in cases and are not made available to the public.
the list that I have compiled for the public defender's office for which I work for is a thousand times better
Having the evidence in a private state is also evidence of prosecutorial misconduct for which the prosecutors in the Cook County State's Attorney office have not been reported in spite of Ms. Delgado's obligation to do so under Rule 8.3(a).
I am very aware that the state of Illinois is not in compliance with its Brady/Giglio obligations. I am especially aware of the failure in Cook County. I have been an attorney with the Cook County Public Defender's Office for almost 10 years now, and I specialize in Due Process Violations, Discovery Violations (I used to do the new attorneys' training for both areas of law), and police misconduct.
Public Harm
These failures do not merely represent abstract legal infractions; they result in wrongful convictions, unchecked police perjury, and erosion of faith in the justice system. More broadly, the refusal to engage in proactive Brady List disclosures protects serial constitutional violators and institutionalizes misconduct under the guise of prosecutorial discretion.
Call to Action
The Illinois Supreme Court, the Attorney Registration and Disciplinary Commission (ARDC), and state legislative bodies must act immediately to:
- Enforce Rule 8.3 against those who fail to report known ethical violations.
- Establish a statewide, public-facing Brady/Giglio registry of disqualified witnesses.
- Investigate all officials and attorneys complicit in suppressing this information.
Failure to address these omissions implicates the State of Illinois in a willful disregard of constitutional norms and professional ethics.
