Caginess or coincidence? No matter. It’s all good.
Four years after the ABA made changes to its Professional Conduct Model Rule concerning the “Special Responsibilities of a Prosecutor” and eighteen days after the “Arizona Republic” ran its multi-part series on prosecutorial misconduct — and following much protracted consideration, the Arizona Supreme Court finally amended Rule 42, ER 3.8 that identifies prosecutors’ post-conviction obligations when they know of new evidence establishing a reasonable likelihood a convicted defendant was innocent of the offense and addressing those circumstances when a prosecutor has a disclosure obligation and a duty to investigate and to take remedial steps to rectify the conviction.
The state’s highest court also enacted a new rule, ER 3.10, “Credible and Material Exculpatory Information about a Convicted Person.” The new rule follows the same principles underpinning the rule for prosecutors and imposes responsibility on all Arizona lawyers who credibly know of exculpatory evidence to promptly disclose that “credible and material evidence that a convicted defendant did not commit an offense of which the defendant was convicted.”
The Comment to ER 3.10 explains: “Rectifying the conviction and preventing the incarceration of an innocent person are core values of the judicial system and matters of vital concern to the legal profession. Because of the importance of these principles, this Rule applies to all members of the Bar except prosecutors, whose special duties with respect to disclosure of new, credible and material exculpatory evidence after conviction set forth in ER 3.8 (g), (h), and (i).”
No diddling, however, on the part of the Arizona State Bar. One day after the Court’s pronouncement, the Bar emailed all its members with news of a new CLE webcast, “Post-conviction Disclosure: Changes to ER 3.8 and new ER 3.10.” It’s one hour of mandatory continuing legal education in ethics for $39.00.
Small favors. At least the Arizona Bar’s not nicking its lawyers like ALI CLE for CLE likes to do. That organization is quite ‘proud’ of its one-hour webcasts, which typically come in at just two sawbucks shy of $200.
But happily for lawyers who just want CLE that’s FREE, there are complimentary programs still available elsewhere. Along with the usual disclaimers of continued access, content and availability of jurisdictional credit, here are the latest FREE CLE updates.
Florida State Bar
(1) Hour Complimentary On-demand Online CLE – Ethics
Wolter Kluwer Corporate Legal Services /CT Corporation
Learn about Delaware’s business entity formation and post-formation provisions.
(1) Hour Complimentary CLE
Practising Law Institute (PLI)
December 16, 9:00 a.m. – 11:10 a.m. (E.S.T.)
(2) Hours Free CLE Credit, Ethics (New York & other jurisdictions)
San Francisco and Live Webcast, December 16, 2013
9:00 a.m. – 12:30 p.m. PT
(3.5) Hours FREE CLE Credit (Professional Practice in NY) Check other jurisdictions.
The Future of Trusts, Wills & Estate Planning: Predictions that May Impact Your Clients’ Income, Wealth & Lifestyle
Date: Thursday, November 21, 2013
Time: 2 PM (EST) 11 AM (PST) 12 PM (MST) and 1 PM (CST)
- “How electronic wills will shape the future of estate planning.
- Where asset protection planning is going and why.
- How directed trust arrangements will shape the future of investing in the next 10 years.
- How outsourcing will help both advisor and planner alike.
- Why services like LegalZoom will be the new norm for services providers going forward.
- Why brick and mortar offices will become an advisors ball and chain.”
Click Here to Register Online or call 1-866-754-6477