In Re Attorney C

This case involves an important issue of first impression: namely, what are the parameters of a prosecutor's ethical duty to disclose exculpatory material to the defense under Colo. RPC 8.8(d)? We hold that Rule 8.8(d) requires prosecutors to disclose exeul-patory evidence to the defense in advance of any critical stage of the proceeding. The respondent 1 in these proceedings did not do so. However, we also hold that a prosecutor violates Rule 8.8(d) only if he or she acts intentionally. In this case, the hearing board did not find that the respondent acted intentionally. Therefore, we…