ER 3.8. Special Responsibilities of a Prosecutor
Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona
A.R.S. Sup.Ct.Rules, Rule 42, Rules of Prof.Conduct, ER 3.8
ER 3.8. Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall:
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under ER 3.6 or this Rule.
Credits
Amended June 9, 2003, effective Dec. 1, 2003; Nov. 14, 2013, effective Jan. 1, 2014.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 42, Rules of Prof. Conduct, ER 3.8, AZ ST S CT RULE 42 RPC ER 3.8
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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