Rule 3.8. Special Responsibilities of a Prosecutor
Oklahoma Statutes AnnotatedTitle 5. Attorneys and State Bar
T. 5, Ch. 1, App. 3-A, Rule 3.8
Rule 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 Rule 3.6 or this Rule;
(g) The lawyer upon whom a subpoena is served shall be afforded a reasonable time to file a motion to quash compulsory process of his/her attendance. Whenever a subpoena is issued for a lawyer who then moves to quash it by invoking attorney/client privilege, the prosecutor may not press further in any proceeding for the subpoenaed lawyer's appearance as a witness until an adversary in camera hearing has resulted in a judicial ruling which resolves all the challenges advanced in the lawyer's motion to quash.
(i) When a prosecutor learns of clear and convincing evidence establishing that a defendant was convicted in a court in which the prosecutor exercises prosecutorial authority of an offense that the defendant did not commit, the prosecutor shall promptly notify the appropriate court and make reasonable efforts to notify the defendant's counsel and the defendant.
Credits
Adopted March 10, 1998, effective July 1, 1988. Amended effective June 4, 1991. Amended June 26, 1997, effective October 1, 1997; April 9, 2007, effective January 1, 2008. Amended effective June 19, 2017.
Rules of Prof. Conduct, Rule 3.8, 5 O. S. A. Ch. 1, App. 3-A, OK ST RPC Rule 3.8
Current with amendments received through May 15, 2024. Some rules may be more current, see credits for details.
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