Gene Fidell tipped me off to the new Air Force Instruction 51-110 dated August 5, 2014: Professional Responsibility Program. The publication includes revised Rules of Professional Conduct for Air Force Judge Advocates (the old ones are available here).

Notably, Rule 3.8(d) is modified in a way that I think quite adequately addresses the concerns raised in this post from June. The old version of Rule 3.8(d) stated:

[The trial counsel in a criminal case shall:] (d) at sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the trial counsel, except when the trial counsel is relieved of this responsibility by a protective order of the tribunal.

While the new version states:

[The trial counsel 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 trial counsel, except when the trial counsel is relieved of this responsibility by a protective order of the tribunal.

One Response to “New Air Force Rules of Professional Conduct (Aug. 5, 2014)”

  1. Phil Cave says:

    http://www.abajournal.com/files/ABA_Formal_Opinion_467_FINAL_09-04-14.pdf