By Joe Hooker
TDCAA Assistant Training Director in Austin
Some of you may have gotten TDCAA’s survey that went out in the spring asking the one question on everyone’s minds, “What once-every-four-year event taking place in the summer of 2026 are you most excited about?”
As you can expect, we had a few pranksters answer the survey with something about the “Cups of the World tour” or some such thing. But most people answered correctly that they were most excited about the release of TDCAA’s updated version of our mandatory Brady training!
In 2014, along with the passage of the Michael Morton Act (Art. 39.14 of the Code of Criminal Procedure), the legislature also enacted §41.111 of the Government Code, which requires the Court of Criminal Appeals and TDCAA to design a one-hour course that is mandatory viewing for all prosecutors. This course covers “the duty of a prosecuting attorney to disclose exculpatory and mitigating evidence in a criminal case.” The statute requires this course to be taken within 180 days of assuming the role of prosecutor, and the Court has required prosecutors to retake this training every four years to review these fundamental principles of just and fair prosecution.
Since 2014, TDCAA has offered an updated version of this training every quadrennium so that prosecutors who took the original course, as well as all attorneys who have become prosecutors since then, have been able to take an updated version.
While the statute mandates that prosecutors learn only about their obligations under Brady v. Maryland[1] (hence the name for the course being “Mandatory Brady Training”), under Texas jurisprudence it is nearly impossible to discuss Brady without also discussing the obligations under CCP Art. 39.14 and Texas Disciplinary Rule of Professional Conduct 3.09.
The 2026 version of this course includes new filmed segments that have been added to the existing course videos, plus timely updates and an opportunity to watch the first installment of TDCAA’s newest online series, “The Cases that Made Us.” Britt Houston Lindsey, Assistant Criminal District Attorney in Taylor County, walks us through the facts of not only of Brady and its progeny but also important Texas discovery cases including Morton, Miles, Schultz, Watkins, and Heath. For those interested in watching this first installment on its own, find “The Cases that Made Us: Brady” under the Brady option under the Resources tab on the TDCAA website (www.tdcaa.com/resources/brady).
Those who complete “Mandatory Brady Training” will receive 1.25 hours of CLE ethics credit. The course is always available to view under the Online Training option under the Training tab at TDCAA.com (www.tdcaa.com/training/#online-training).
[1] 373 U.S. 83 (1963).