In this Article, I assess the apparent prospects for increased disciplinary enforcement of state ethics rules based on Rule 3.8(d) of the American Bar Association's (“ABA”) Model Rules of Professional Conduct that mandates prosecutorial disclosure of exculpatory information. In particular, I focus on whether it makes sense to view recent ABA Formal Opinion 09-454, in which the ABA gave an expansive reading to Model Rule 3.8(d), as the bellwether of an era of increased enforcement of ethical disclosure rules for prosecutors.


Legal Profession, Ethics/Professional responsibility, Disclosure

Publication Date


Document Type


Place of Original Publication

Hofstra Law Review

Publication Information

38 Hofstra Law Review 847 (2010)


COinS Kevin C. McMunigal Faculty Bio