Last month on April 17, 2019, the Commonwealth requested that the court modify the original order to include a “good faith” exception as compliance to the application for accreditation. After oral argument and written brief, Judge Brennan ruled in favor of the consolidated defendants. Brennan ruled against the Commonwealth and rejected the concept of a good faith exception. The court adopted Attorney Bernard’s recommendation and mandated the Commonwealth to demonstrate accreditation and a substantial likelihood of compliance with a field visit and a report to follow.
As Attorney Bernard stated in his oral argument and written memorandum, only after examining the report from the “field visit“ will the court decide substantially likelihood of compliance for accreditation purposes.