Extrajudicial Statements

Question 1

What types of statements is a lawyer forbidden from making about a judge?

Answer 1

a statement about the judge’s qualifications or integrity that the attorney knows is false or that the attorney makes with reckless disregard for whether it is true

Question 2

What are an attorneys obligations when it comes to extrajudicial statements?

Answer 2

An attorney cannot make extrajudicial statements about a matter that they are investigating or litigating when they know, or should know, that the statement will be publically communicated and that there is a substantial liklihood that the statement will materially prejudice an adjudicative proceeding in the matter.

Question 3

What factors weigh in favor of material prejudice?

Answer 3

1. If the case is criminal
2. If it is a jury
3. If the statement is prohibited
4. If the statement violates prosecutorial rules

Question 4

What factors weigh against material prejudice?

Answer 4

1. if the case is civil
2. if it is a bench trial
3. if the statement is permitted
4. if the statement is made in reply to an impermissible statement

Question 5

Duties of prosecutors

Answer 5

Prosecutors must avoid making public statements about pending cases.