The LSBA Committee on the Louisiana Rules of Professional Conduct met on Tuesday, December 8, 2009, to discuss adoption of ABA Model Rule 3.8(g-h). These model rule provisions, which the ABA adopted in February 2008, impose obligations on prosecutors who possess evidence that a convicted person is innocent. After considering fairly negative comments received by the Committee from Louisiana prosecutors, the Committee unanimously decided to defer consideration of these provisions until 2010. The Committee will continue to study the provisions and reconsider them in 4-6 months. In the meantime, the Committee will monitor adoptions, modifications and rejections in other states, and evaluate the effect of the rule on prisoner disciplinary complaints, among other things.
Please post any comments regarding Rule 3.8 below.