<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	>
<channel>
	<title>Comments on: Removing prosecutorial immunity</title>
	<atom:link href="http://apublicdefender.com/2008/04/13/removing-prosecutorial-immunity/feed/" rel="self" type="application/rss+xml" />
	<link>http://apublicdefender.com/2008/04/13/removing-prosecutorial-immunity/</link>
	<description></description>
	<pubDate>Wed, 08 Oct 2008 06:20:34 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.6.2</generator>
		<item>
		<title>By: SPO</title>
		<link>http://apublicdefender.com/2008/04/13/removing-prosecutorial-immunity/#comment-25036</link>
		<dc:creator>SPO</dc:creator>
		<pubDate>Mon, 14 Apr 2008 17:38:19 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1137#comment-25036</guid>
		<description>Putting all of that to one side, there is a huge reason why the immunity should not be changed, at least by the courts anyway, namely, settled expectations.  Prosecutors have the immunity now, and it's been around forever.  If there is going to be a change, then convince legislators that there should be.</description>
		<content:encoded><![CDATA[<p>Putting all of that to one side, there is a huge reason why the immunity should not be changed, at least by the courts anyway, namely, settled expectations.  Prosecutors have the immunity now, and it&#8217;s been around forever.  If there is going to be a change, then convince legislators that there should be.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Gideon</title>
		<link>http://apublicdefender.com/2008/04/13/removing-prosecutorial-immunity/#comment-24557</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Mon, 14 Apr 2008 01:52:01 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1137#comment-24557</guid>
		<description>John, 

You raise a very good point. If it is determined that a wrongful conviction was obtained because of prosecutorial misconduct (heck, even in cases where a conviction is reversed by an appellate court because of prosecutorial misconduct), does anyone have an obligation to file a grievance?

Is there a difference between prosecutorial misconduct and ineffective assistance of counsel? If not, what about a grievance when there is a finding of IAC?

Look at &lt;a href="http://jud.ct.gov/Publications/PracticeBook/PB1.pdf"&gt;RPC&lt;/a&gt; &lt;strong&gt;Rule 3.8 (4)&lt;/strong&gt; for instance:

(4) Make timely disclosure to the defense of all evidence or information known to the prosecutor that  tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the  prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.

Or &lt;strong&gt;Rule 4.1&lt;/strong&gt;:

In the course of representing a client a lawyer shall not knowingly:
(1) Make a false statement of material fact or law to a third person; or
(2) Fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

And 8.3 and 8.4:

&lt;strong&gt;Rule 8.3. Reporting Professional Misconduct&lt;/strong&gt;
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. 

&lt;strong&gt;Rule 8.4. Misconduct&lt;/strong&gt;
It is professional misconduct for a lawyer to:
(1) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(3) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(4) Engage in conduct that is prejudicial to the administration of justice;

I think it's a tough decision to make, but the answer may not be that unclear.</description>
		<content:encoded><![CDATA[<p>John, </p>
<p>You raise a very good point. If it is determined that a wrongful conviction was obtained because of prosecutorial misconduct (heck, even in cases where a conviction is reversed by an appellate court because of prosecutorial misconduct), does anyone have an obligation to file a grievance?</p>
<p>Is there a difference between prosecutorial misconduct and ineffective assistance of counsel? If not, what about a grievance when there is a finding of IAC?</p>
<p>Look at <a href="http://jud.ct.gov/Publications/PracticeBook/PB1.pdf">RPC</a> <strong>Rule 3.8 (4)</strong> for instance:</p>
<p>(4) Make timely disclosure to the defense of all evidence or information known to the prosecutor that  tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the  prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.</p>
<p>Or <strong>Rule 4.1</strong>:</p>
<p>In the course of representing a client a lawyer shall not knowingly:<br />
(1) Make a false statement of material fact or law to a third person; or<br />
(2) Fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.</p>
<p>And 8.3 and 8.4:</p>
<p><strong>Rule 8.3. Reporting Professional Misconduct</strong><br />
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. </p>
<p><strong>Rule 8.4. Misconduct</strong><br />
It is professional misconduct for a lawyer to:<br />
(1) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;<br />
(3) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;<br />
(4) Engage in conduct that is prejudicial to the administration of justice;</p>
<p>I think it&#8217;s a tough decision to make, but the answer may not be that unclear.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: John</title>
		<link>http://apublicdefender.com/2008/04/13/removing-prosecutorial-immunity/#comment-24553</link>
		<dc:creator>John</dc:creator>
		<pubDate>Mon, 14 Apr 2008 01:36:37 +0000</pubDate>
		<guid isPermaLink="false">http://apublicdefender.com/?p=1137#comment-24553</guid>
		<description>At the VERY least, why do we not see prosecutors grieved, disciplined, reprimanded, made to take remedial ethics classes, etc. when THEY do something unethical?  Is it our fault?  Should we (defense attorneys) be filing grievances against prosecutors who (as in a case I have pending now) withhold exculpatory information? Should judges (a lot of them former prosecutors here in CT) be taking the lead in seeking sanctions?  Why should they not be held accountable?</description>
		<content:encoded><![CDATA[<p>At the VERY least, why do we not see prosecutors grieved, disciplined, reprimanded, made to take remedial ethics classes, etc. when THEY do something unethical?  Is it our fault?  Should we (defense attorneys) be filing grievances against prosecutors who (as in a case I have pending now) withhold exculpatory information? Should judges (a lot of them former prosecutors here in CT) be taking the lead in seeking sanctions?  Why should they not be held accountable?</p>
]]></content:encoded>
	</item>
</channel>
</rss>
