Chris:

I did not think that was his question about disqualification. I understood the proficiency testing that he was talking was related to training. Was there some method that would assist a supervisor or someone responsible for placing a person in the position to investigate fire in assessing the person’s knowledge and ability to conduct all aspects of an investigation.

Remember, it was years after 921 was published before attorneys recognized the document supplied them with something that could be used to prevent a person from testifying. The section the attorneys are using and the courts are applying is the methodology section.

When you are talking about disqualifications, one must consider what the attorney will use. If the attorney is saying your methodology based on Daubert is incorrect then you are right the attorney will use 921. If the attorney is looking to limit your testimony on a specific subject under Rule 702 then he must show the court you lack the knowledge, training and experience. This is where 1033 comes into play. NFPA 1033 directly relates to the person’s knowledge on the specific task of conducting a fire investigation.

With the new changes coming out in 1033, I believe the attorneys will began to understand its value in challenging the expert as to their knowledge as to how to conduct different task involved in the investigation of a fire. Yes, the person will probably not be disqualified based solely on 1033 but it will be the foundation of the building blocks for this type of challenge. Right now, its best use is for an employer to use it to evaluate the person’s knowledge and ability when it comes to investigating fires.

Jim Mazerat
Forensic Investigations Group