Amy McGowan was licensed to practice law in 1985. Soon thereafter, she began working for the Jackson County prosecutor’s office. In 1996, she was the lead prosecutor on a first-degree murder and armed criminal action case against Ricky Kidd. Kidd was found guilty of two counts of felony murder and two counts of armed criminal action and was sentenced to life without parole and life imprisonment. After 23 years in prison, a circuit court found Kidd was entitled to habeas relief as a result of a Brady violation in which McGowan failed to disclose exculpatory evidence to Kidd’s attorney.  The exculpatory evidence included surveillance on alternative suspects proving they were in Kansas City at the time of the murders, information that the alternative suspects had threatened witnesses in another matter, and depositions of the alternative suspects in which McGowan participated. After Kidd’s release, the chief disciplinary counsel’s office sought to discipline McGowan for her conduct in the case. Following a hearing before a disciplinary panel, the panel found the information should be dismissed. McGowan accepted the panel’s recommendation, the chief disciplinary counsel rejected it, arguing McGowan’s license should be suspended indefinitely with no leave to reapply for one year.

This case presents two questions for this Court – whether McGowan violated the rules of professional conduct, and, if so, what discipline, if any, is appropriate.