Wisconsin first to adopt new ABA rule on prosecutor's duty to disclose exculpatory evidence

The Wisconsin Supreme Court, on petition by its prosecutors, became the first state to adopt new MRPC 3.8 (slightly modified), which compels disclosure of exculpatory evidence post-conviction.

The court's order, comments, and discussion are here.

Roy Simon (thanks for the tip) published at Legal Ethics Forum the adopted version below, showing the changes from the ABA text:

Wisconsin Rule 3.8(g)-(h) in Legislative Style (effective July 1, 2009)

(g) When a prosecutor knows of new, credible, and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall do all of the following:

(1) promptly disclose that evidence to an appropriate court or authority; and

(2) if the conviction was obtained in the prosecutor's jurisdiction:

(i) promptly make reasonable efforts to disclose that evidence to the defendant unless a court authorizes delay; and

(ii) make reasonable efforts to undertake further an investigation, or make reasonable efforts to cause an investigation to be undertaken, to determine whether the defendant was convicted of an offense that the defendant did not commit.

{h} When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor's jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.