The (Lack of) Enforcement of Prosecutor Disclosure Rules

20 Pages Posted: 29 Jul 2020

See all articles by Kevin C. McMunigal

Kevin C. McMunigal

Case Western Reserve University School of Law

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

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

Kevin C. McMunigal (Contact Author)

Case Western Reserve University School of Law ( email )

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Cleveland, OH 44106-7148
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2163682086 (Fax)

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