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New Law and Rule on Prosecutorial Misconduct in California

Posted Oct 7, 2016

California Governor Jerry Brown signed A.B.1909  which makes the withholding or falsifying of evidence by prosecutors a felony in California, punishable by imprisonment for 16 months or 2 or 3 years.  Read articles in the Los Angeles Times and ABA Journal.   In addition, the California State Bar Board of Trustees has adopted a proposed new ethics rule  regarding special duties of prosecutors in criminal cases.  Proposed new rule 5-110, which is similar to American Bar Association Model Rule 3.8, requires broad disclosure of evidence the prosecutor knows or reasonably should know would be helpful to the defense.  See the press release at the California State Bar website. The rule must be approved by the California Supreme Court in order to take effect.