Rules of Professional Conduct Related Ethical Opinions

3.8  Special Responsiblities of a Prosecutor

15-01: Plea Agreements; Waiver; Ineffective Assistance; Conflict of Interest; Criminal Representation

The conflict-of-interest rules prohibit a defense attorney from advising a criminal defendant to waive the defendant’s right to raise that attorney’s ineffective assistance of counsel. The ethical rules also prohibit a prosecutor from insisting that a defendant waive the right to raise ineffective assistance of counsel and prosecutorial misconduct claims. Opinion 95-08 is accordingly withdrawn.

01-13: Criminal Representation; Confidentiality; Witnesses; Discovery

Prosecutors ethically may reveal substance of discussions with law enforcement witnesses; such discussions are not considered “client confidences” under ER 1.6.

98-01: Confidentiality; Disclosure; Court Orders; Public Defenders

A public defender ethically may disclose information requested on a court initial status report regarding certain information about meeting with the defendant, production of discovery, and review of plea offers. [ERs 1.2, 1.3, 1.6, 3.3, 3.8, 8.4]

94-07: Prosecutor's Duties; Candor

Opinion discusses the duties of a prosecutor to disclose exculpatory information to defense in the context of three scenarios. Reference is made to the constitutional issues.