Adversarial means you can’t force me to help you

The criminal justice system has been called an adversarial system. The Mirriam-Webster Online Dictionary defines adversarial as:

of, relating to, or characteristic of an adversary or adversary procedures

and one of the example sentences it provides is:

an adversarial system of justice with prosecution and defense opposing each other

So what that means is that if you, the prosecution, file a motion seeking to have me disclose information that is confidential and is likely to incriminate my own client, I will refuse. If you, the judge, ask my client incriminating questions, I will intervene. You can choose to hold me in contempt, but you will end up looking like a bully.

If you decide that I must answer those questions, I may still refuse to do so and you can hold me in contempt1:

Terry Zimmerman, a longtime deputy public defender, was found on Wednesday to be in contempt of court for refusing to answer 11 questions related to Denise Goodwin’s murder case, despite a Superior Court judge’s ruling on the matter.

Zimmerman represented Goodwin who was accused of murdering an elderly gentleman allegedly in part because of his fortune. Goodwin was hired to care for Raburn, who has since disappeared and is presumed dead and whose assets have allegedly been drained by her. The bone of contention is this:

According to the judge’s written ruling, Zimmerman was appointed to handle Goodwin’s defense in September 2011. In April of last year, she filed with the court a large envelope containing a will, letters and other documents that purportedly belonged to Rabourn.

Those items were turned over to the prosecution. The District Attorney’s Office then filed a motion last month seeking testimony from Zimmerman about how she obtained the documents.

The judge ordered Zimmerman to disclose that and failing to do so, jailed. It’s a threat and a threat not to be taken lightly, but Zimmerman is in an adversarial relationship with the State.

There is only party whose job it is to do “justice”2 and that is not the defense attorney. It is my job to be an adversary. To put the State to the test and to examine its proof. Not to help it convict my clients.

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3 thoughts on “Adversarial means you can’t force me to help you

  1. shg

    There seems to be one huge, glaring hole in this saga that bears further consideration. Why did Zimmerman turn over Raburn’s documents to the court/prosecution? Had she been ordered to do so? If so, did she assert the act of production privilege at the time?

    It’s a rather important detail under the circumstances.

    Reply
  2. Pingback: SC public defender forgets meaning of adversarial | a public defender

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