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Prosecutorial misconduct ethics
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U.S. Department of Justice prohibits ineffective assistance of counsel waivers as part of plea bargains in federal criminal prosecutions

Hello everyone and welcome to this Ethics Alert which will discuss the recent Washington Post article which states that the Justice Department has prohibited U.S. Attorneys from requiring waivers of ineffective assistance of counsel in exchange for a plea. The Post article is here: http://www.washingtonpost.com/world/national-security/doj-to-amend-competent-counsel-waiver-practices-as-holder-prepares-to-step-down/2014/10/14/465efbde-53ba-11e4-809b-8cc0a295c773_story.html?hpid=z3 According to the Washington Post article, the Justice Department said Read More

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Kentucky Supreme Court upholds ethics opinion finding that a waiver of ineffective assistance claims as part of criminal plea bargain violates ethics lawyer rules

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent Kentucky Supreme Court opinion which upheld an ethics opinion stating that waiver of ineffective assistance claims as part of plea bargain violates lawyer ethics rules. The opinion is: United States of America v. Kentucky Bar Association, Case No. 2013-SC-000270-KB (August 21, Read More

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Wisconsin Supreme Court dismisses disciplinary charges against criminal prosecutor who failed to provide defense with unsworn note containing admission of another person

Hello and welcome to this Ethics Alert blog which will discuss the recent opinion of the Wisconsin Supreme Court affirming the dismissal of disciplinary charges against a lawyer who was prosecuting the driver of a motor vehicle for possession of marijuana and did not provide an unsworn note written by a passenger in the vehicle Read More

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Maine Supreme Judicial Court imposes stayed 30 day suspension on criminal prosecutor for multiple acts of misconduct both before and during trial

Hello and welcome to this Ethics Alert blog which will discuss the recent disciplinary opinion of the Maine Supreme Judicial Court imposing a stayed 30 day suspension on a criminal prosecutor who engaged in multiple acts of misconduct in a criminal prosecution both before and during trial, including failing to provide exculpatory evidence in discovery Read More

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Oklahoma Supreme Court imposes 180 day suspension on criminal prosecutor who obstructed access to evidence and failed to timely disclose evidence over 20 years

Hello and welcome to this Ethics Alert blog which will discuss the recent disciplinary opinion of the Oklahoma Supreme Court imposing a 180 day suspension on a criminal prosecutor who engaged in “reprehensible” conduct over a 20 year period in 2 related death penalty prosecutions.  The case isState ex rel. Oklahoma Bar Association v. Miller, Read More

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Illinois Review Board recommends disbarment for criminal prosecutor who had personal relationships with criminal defendant and a minor witness in another case

Hello and welcome to this Ethics Alert blog which, in keeping with the theme of discipline of former criminal prosecutors, will discuss the recent Report and Recommendation of the Illinois Disciplinary Review Board to uphold the Illinois Hearing Board’s recommendation that a former criminal prosecutor who had personal relationships with a criminal defendant whom he Read More

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Illinois Disciplinary Review Board recommends that lawyer receive 30 day suspension for making false and/or misleading statements on blog post and for misconduct in closing argument

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent Illinois Disciplinary Review Board’s Report and Recommendation that a lawyer be suspended for 30 days for making false or misleading statements about her disciplinary record on a public blog post and engaging in misconduct in closing arguments as a prosecutor in Read More

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