Duties to Tribunal

Question 1

What are criminal prosecutors’ duties under the MR?

Answer 1

1. Must have probable cause to bring charges
2. Make reasonable efforts to protect defendant’s right to counsel
3. Refrain from extrajudicial comments biased against D
4. Disclose mitigating evidence to D

Question 2

What additional duty do criminal prosecutors have under the CA rules?

Answer 2

When prosecutor know if new evidence creating a reasonable likelihood that D did not commit the offense, must promptly disclose to the court (and to D themselves if conviction obtained in prosecutors jdx)

Question 3

Define the three elements of the duty of candor.

Answer 3

L must not KNOWINGLY:

1. Make a false statement of material fact or law, or fail to correct it
2. Offer false evidence, including from C or a witness; or
3. Fail to disclose controlling, directly adverse authority

Question 4

True or false: L may refuse to offer evidence they reasonably believe is false.

Answer 4

True

Question 5

True or false: L must disclose adverse facts.

Answer 5

False

Question 6

True or false: If L reasonably believes that a criminal D’s testimony will be false, L must allow D to testify.

Answer 6

True

Question 7

What must L do if they know that criminal D’s testimony will be false? (3rd option different in CA)

Answer 7

1. Try to convince D not to testify
2. Ask court to withdraw if D refuses
3. Disclose (MR) OR allow D to testify in narrative (CA)

Question 8

Define the duty ti preserve decorum.

Answer 8

L may not communicate ex parte with or send gift to judge.

L may not communicate with jurors during proceedings, or seek to influence or harass them.

Question 9

May a lawyer serve as a witness? (Special exception on CA)

Answer 9

No, unless :
- There is an uncontested matter
- L is explaining the nature and value of their legal services
- Not doing so would result in substantial hardship on C, OR
- (CA only) client gives IWC