The (Lack of) Enforcement of Prosecutor Disclosure Rules
20 Pages Posted: 29 Jul 2020
Date Written: 2010
Abstract
In this Article, I assess the apparent prospects for increased disciplinary enforcement of state ethics rules based on Rule 3.8(d) of the American Bar Association's (“ABA”) Model Rules of Professional Conduct that mandates prosecutorial disclosure of exculpatory information. In particular, I focus on whether it makes sense to view recent ABA Formal Opinion 09-454, in which the ABA gave an expansive reading to Model Rule 3.8(d), as the bellwether of an era of increased enforcement of ethical disclosure rules for prosecutors.
Keywords: Legal Profession, Ethics/Professional Responsibility, Disclosure
Suggested Citation: Suggested Citation
McMunigal, Kevin C., The (Lack of) Enforcement of Prosecutor Disclosure Rules (2010). Case Legal Studies Research Paper No. 2010, 38 Hofstra Law Review 847 (2010), Available at SSRN: https://ssrn.com/abstract=3661807
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