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Rule Change 2021(22)

Colorado Rules of Professional Conduct

October 14, 2021

Rule 3.8. Special Responsibilities of a Prosecutor

The prosecutor in a criminal case shall:

(a)–(e) [NO CHANGE]

(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused unless such comments are permitted under Rule 3.6(b) or 3.6(c) or other law, and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

(g)–(h) [NO CHANGE]


Amended and Adopted by the Court, En Banc, October 14, 2021, effective immediately.

 By the Court:

Monica M. Márquez

Justice, Colorado Supreme Court

Official Colorado Supreme Court Rules Committees proceedings can be found at the Colorado Supreme Court Rules Committees website.

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