Sunday, January 24, 2016

Comment on process to adopt new rule regarding prosecutorial misconduct in California - UPDATED

I have posted some links to comment on the on going process in California for the possible adoption of new rules. (Go here and scroll down.) The most recent development, reported in The Legal Ethics Forum some time ago, is that the Commission seems to be considering "fast tracking" some rules while waiting on others.  One of the rules the Commission seems to be interested in fast tracking is a rule on the duties of prosecutors (presumably akin to Model Rule 3.8).  On that topic, Kafkaesq has a comment here.

UPDATE (12-9-15):  Legal Ethics Forum has an update here.

UPDATE (1/24/16):  KafkaEsq has a new comment on the proposed new rule and asks whether it will ever be used, here.  The author is skeptical that the rule will make much of a difference.

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