myosotis
Proud Member
- Joined
- Aug 27, 2009
- Messages
- 4,224
- Points
- 48
I was reading about the release of information about the latest 'Clinton' emails investigation by the FBI, and someone had written:
'Serious questions also arise under lawyers’ professional conduct rules that require prosecutors to avoid excessive publicity and unnecessary statements that could cause public condemnation even of people who have been accused of a crime, not to mention people like Mrs. Clinton, who have never been charged with a crime.'
So I looked up the rules of conduct for lawyers in California, and it says this about publicity:
http://rules.calbar.ca.gov/Portals/10/documents/2013_CaliforniaRulesofProfessionalConduct.pdf
Rule 5-120 Trial Publicity
(A) A member who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the member knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
(B) Notwithstanding paragraph (A), a member may state:
(1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;
(2) the information contained in a public record;
(3) that an investigation of the matter is in progress;
(4) the scheduling or result of any step in litigation;
(5) a request for assistance in obtaining evidence and information necessary thereto;
I thought that the information about the girl claimant having an 'album worn jacket' was in a press release? It doesn't seem to be in the main complaint..... Do the conduct rules apply to civil complaints and civil trials? If so, I understand that the representing atty's can only include information in press releases that is in the actual complaint ( ie the public record)???
'Serious questions also arise under lawyers’ professional conduct rules that require prosecutors to avoid excessive publicity and unnecessary statements that could cause public condemnation even of people who have been accused of a crime, not to mention people like Mrs. Clinton, who have never been charged with a crime.'
So I looked up the rules of conduct for lawyers in California, and it says this about publicity:
http://rules.calbar.ca.gov/Portals/10/documents/2013_CaliforniaRulesofProfessionalConduct.pdf
Rule 5-120 Trial Publicity
(A) A member who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the member knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
(B) Notwithstanding paragraph (A), a member may state:
(1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;
(2) the information contained in a public record;
(3) that an investigation of the matter is in progress;
(4) the scheduling or result of any step in litigation;
(5) a request for assistance in obtaining evidence and information necessary thereto;
I thought that the information about the girl claimant having an 'album worn jacket' was in a press release? It doesn't seem to be in the main complaint..... Do the conduct rules apply to civil complaints and civil trials? If so, I understand that the representing atty's can only include information in press releases that is in the actual complaint ( ie the public record)???