I am a young attorney handling criminal cases and have seen the district attorney and other prosecutors in trial give statements of personal opinion and, at times, not turn over all discovery. I have also seen discovery given the morning of or during trial. I cannot think of a situation where a prosecutor has been suspended or disbarred for such misconduct. Is there an exception to the Rules of Professional Conduct?
There is no exception to the Rules of Professional Conduct for prosecutors. People who work for district attorney’s offices, attorney general’s offices or even U.S. attorney’s offices are subject to the Rules of Professional Conduct in the state in which they practice.
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