Please ensure Javascript is enabled for purposes of website accessibility

Professional Responsibility — prosecutors’ ethical duties

By: WISCONSIN LAW JOURNAL STAFF//July 23, 2013//

Professional Responsibility — prosecutors’ ethical duties

By: WISCONSIN LAW JOURNAL STAFF//July 23, 2013//

Listen to this article

Wisconsin Supreme Court

Civil

Professional Responsibility — prosecutors’ ethical duties

A prosecutor’s ethical duty of disclosure under SCR 20:3.8(f)(1) is no broader than the constitutional requirements identified in Brady.

“We reject the OLR’s proffered interpretation of SCR 20:3.8(f)(1).  This court adopted the current version of SCR 20:3.8(f) in 2006 as part of a comprehensive review of the Wisconsin Rules of Professional Conduct for Attorneys.  See Sup. Ct. Order No. 04-07, 2007 WI 4 (issued Jan. 5, 2007, eff. July 1, 2007).  We discussed proposed changes to SCR 20:3.8 at several public hearings and open conferences prior to our 2006 rules revision.  The ABA adopted numerous changes to the Model Rules as a result of Ethics 2000; however, it made no substantive changes to the text of the Model Rule implicated here, Model Rule 3.8(d), that correlates with our SCR 20:3.8(f).  Indeed, during Ethics 2000 the ABA expressly ‘decided against attempting to explicate the relationship between [Model Rule 3.8(d)] . . . and the prosecutor’s constitutional obligations under Brady and its progeny.’  See Kirsten M. Schimpff, Rule 3.8, The Jencks Act, and How the ABA Created a Conflict Between Ethics and The Law on Prosecutorial Disclosure, 61 Am. U. L. Rev. 1729, 1756 (August, 2012) (citing Margaret Colgate Love, The Revised ABA Model Rules of Professional Conduct: Summary of the Work of Ethics 2000, 15 Geo. J. Legal Ethics 441, 469 (2002)).”

Dismissed.

2011AP1049-D OLR v. Sharon A. Riek

Per Curiam.

Attorney: For Complainant: Hendrix, Jonathan E., Madison; For Respondent: Kohler, Martin E., Milwaukee; Riek, Sharon, Racine; Powell, Craig S., Milwaukee; Misfeldt, Geoffrey R., Milwaukee

Polls

Should Hollywood and Nashville stay out of politics?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests