A recent New York City Bar ethics decision on the duties of criminal prosecutors raises interesting questions regarding the interplay of the rules of conduct and standards of lawyer conduct applicable in civil and criminal contexts. I hope Connecticut does not follow New York, the ABA, and some other states that hold, at least in the criminal context, that the rules impose higher burdens than applicable substantive law.
The New York decision dealt with Rule 3.8(b) of the Rules of Professional Conduct and its requirement that a prosecutor turn over all exculpatory materials promptly. Applicable New York and federal decisional law limit the disclosure duty to those items that are “material” and lack a time-related mandate. Therein lies the rub.
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