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Honor codifies confidentiality of counsel

The outgoing Honor Committee finished its term last night by passing two amendments to its bylaws. The amendments codify the practice of confidentiality between honor counsels and the students they defend and clarify the definition of the term "more likely than not" in Investigative Panel guidelines.

The first amendment will affect the relationship between Honor counsels and the students they represent by preventing private communicationsbetween a student and his counsel from being admitted as evidence in trial. Counsel, however, will be required to disclose any information presented by the accused during trial that differs from what was said in private.

Vice Chair for Trials Jay Trickett noted that communications between counsel and students typically remain private, but that the Committee's general counsel made a recommendation that this practice be codified.

"As a practical manner this changes very little, if anything, about how honor counsels go about their jobs," Trickett said.

Trickett also asserted that this amendment will encourage the pursuit of truth in the trial process. He said students will feel more comfortable communicating with their counsel on the grounds that their conversations will remain private, and they will feel an obligation to remain truthful in trial.

"So rarely is it that a student just says, 'I did it, I meant to do it, and I think it's pretty darn serious,'" Trickett said. "The gray areas exist in intent. Students can now explain fully to their counsel and their counsel can assist them in that they can help them present the most favorable argument for their situation."

The second amendment passed more quickly by the Committee and clarifies the definition of the term "more likely than not" in their Investigative Panel Guidelines. The language added defines the use of the term as meaning that the probability of guilt outweighs the probability of innocence.

The meeting was the last meeting of the sitting Honor Committee and was attended by several members of the newly elected Committee.

Outgoing Honor Chair Alison Tramba said she looks forward to seeing the new Committee take the lead.

"This Committee has a lot of experience and they really hit the ground running," Tramba said. "We're just hoping that they'll build on the efforts that we've been making this year."

She said the single sanction, the issue that has dominated the debate around Honor in the last year, will likely continue to be a point of discussion on the Committee.

"A lot of things that we've done have opened up a lot of dialogue and conversation that might not have happened previously, and we're hoping that will continue," she said.

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