News and Information
March 22, 2019

Supreme Court of Virginia Seeks Comment on Proposed Change to Rule 3.8

The Supreme Court of Virginia requests public comment on a proposal to modify Rule 3.8 ("Additional Responsibilities of a Prosecutor") of the Rules of Professional Conduct by adding a Comment 5. Proposed by the Virginia State Bar Standing Committee on Legal Ethics, and approved by the Council of the Virginia State Bar, proposed Comment 5 is an entirely new comment that explains what "disclosure" means as used in Rule 3.8(d), regarding a prosecutor's duty to make known to the defense the existence of exculpatory evidence. The press release, including Rule 3.8 in its current form, with Comment 5 (underscored) may be found here.

Comments on the proposed modified Rule must be received by May 21, 2019, and must be forwarded to:

Douglas B. Robelen, Clerk
Supreme Court of Virginia
100 North Ninth Street
5th Floor
Richmond, VA 23219

OR via email with the subject line "comment on VSB rule" to:

Updated: Mar 22, 2019