The California Rules Revision Commission is fast-tracking approval of two rules about prosecutor behavior. From the State Bar Of California:
Here’s the proposed general rule on prosecutor conduct. (5-110) Here’s the proposed rule on prosecutorial duties to disclose information to the accused. (5-220)
Excerpts from the proposed Rules follow:
Rule 5-110 (Commission’s Proposed Rule – Clean Version)
The Prosecutor in a criminal case shall:
(D) Make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
(G) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall: (1) Promptly disclose that evidence to an appropriate court or authority, and (2) If the conviction was obtained in the prosecutor’s jurisdiction, (a) Promptly disclose that evidence to the defendant unless a court authorizes delay, and (b) Undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.
(H) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.
Rule 5-220 Suppression of Evidence
A member shall not suppress any evidence that the member or the member’s client has a legal obligation to reveal or to produce. Discussion: See rule 5-110 for special responsibilities of a prosecutor.
Use the following link to access the notice of public comment, draft rules and Board agenda materials: