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In re: Petition to Stay Effectiveness of Formal Ethics Opinion 2017-F-163 and Petition to Vacate For
Brief of Amici Curiae In Support of the Board of Professional Responsibility.
Argument: The plain language of the rule, consistent with the board’s interpretation, requires disclosure of all information that negates guilt, not merely information that may qualify as “material” under Brady. Further, the language requires such disclosure occur in an expeditious manner. Public policy is served by having an ethical rule that does not merely track the constitutional minimum. The board has not engaged in improper rule making but has interpreted a properly-adopted rule.