Tuesday, October 20, 2009

Disciplinary Rule 3.8

"The DA says he reviewed the case himself.  DA Michael Green said, 'After doing that I personally didn't feel that the evidence we had supported a felony charge.'

From the New York Rules of Professional Conduct for attorneys, adopted in April 2009:

Disciplinary Rule 3.8:
Special Responsibilities of Prosecutors
and Other Government Lawyers

(a) A prosecutor or other government lawyer shall not institute, cause to be instituted or maintain a criminal charge when the prosecutor or other government lawyer knows or it is obvious that the charge is not supported by probable cause.

Assistant District Attorney William Gargan, who presented the felony charge dropped yesterday by DA Green, should take note.


AllanBlockhead said...

Good research, Lucy! Does one of the "People of the State of New York" (ie an ordinary citzen not otherwise involved in the matter) have the standing to bring this to the attention of the Appellate Division? Is such standing required? Will you file an inquiry?

Anonymous said...

EveryOne has the power to make a complaint to the attorney grievance committee. I sure hope someone did.