The Virginia Crime Commission voted to create a review panel to examine cases that involved forensic examiner Mary Jane Burton, including cases in which affected individuals are incarcerated, executed, exonerated or otherwise potentially impacted by Burton's testimony.

Commission staff described the proposed panel as a multidisciplinary body charged with determining whether Burton engaged in a pattern of misconduct and assessing the accuracy of her testing and testimony. The panel's membership set out in the draft includes: a Commonwealth's attorney, a public defender, a practicing criminal-defense attorney, a retired circuit-court judge, a representative of the Mid-Atlantic Innocence Project and an independent serologist. Crime Commission staff would provide support for the panel and could share materials with attorneys representing affected individuals, including innocence-project counsel.

During committee consideration, a member proposed adding the Office of the Attorney General as a permanent panel member. Commissioners debated whether the OAG's role as the Commonwealth's legal representative could create a conflict of interest if the office also participated as a voting panel member. To address that concern, the commission approved the amendment on the condition that the Virginia State Bar provide an opinion that inclusion would not create an ethical conflict; commissioners asked staff to seek the Bar's guidance promptly.

The commission also approved language allowing staff to share information gathered by the panel with attorneys representing potentially affected defendants, including public defenders and innocence-project lawyers. The panel will report its work to the Crime Commission annually until the review is complete.

The commission adopted the panel-forming legislation with the Attorney General conditional amendment; members asked staff to obtain a bar opinion on conflicts within 30 days and to return any recommended technical edits for incorporation before the bill advances to the legislature.