Prosecutors are required to disclose exculpatory evidence under which Model Rule?

• A. Model Rule 3.8.
• B. Model Rule 5.2.
• C. Model Rule 7.6.
• D. Model Rule 9.1.

Answer: (A)

Prosecutors have a duty to seek justice and avoid undermining the fairness of the process. That includes making exculpatory evidence available to the defense, so the defense can challenge the charges with all relevant information. This obligation is set out in Model Rule 3.8, which covers the Special Responsibilities of Public Prosecutors and requires timely disclosure of exculpatory evidence known to the prosecutor.

The other rules address different topics: one deals with the duties of subordinate lawyers, another with political contributions, and another with compliance and discipline. None of those directly impose the exculpatory-evidence disclosure obligation on prosecutors in the way Model Rule 3.8 does.