Public-Private Partnership for Justice Reform in Afghanistan
February 25, 2010
David M. Siegel dsiegel@nesl.edu / 1 (617) 422-7270

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Zealous Representation
Candor to Tribunal
Preserve Court’s Impartiality and
Decorum
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Promote integrity and avoid impropriety
Be impartial, competent and diligent

Court
Duty to Preserve
Impartiality and
Decorum of
Tribunal
Defense Lawyer
Duty of
Candor to
Tribunal
Duty to Zealously
Represent Client
Client

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Lawyer may not knowingly
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 make false statement of law, fact or evidence to court, or fail to correct a false statement of law, facts or evidence.
Lawyer must know or have reasonable basis to believe facts, but need not volunteer harmful evidence.

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Judge asks lawyer: “Does law limit sentence to 2 years?” Law actually allows 4 year sentence. Must lawyer correct judge?
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Judge tells lawyer: “I will sentence defendant to longest possible sentence of 2 years.” Law actually allows 4 year sentence. Must lawyer correct judge?
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Judge tells lawyer: “I will sentence defendant to longest possible sentence. Isn’t that 2 years?” Law
actually allows 4 year sentence. Must lawyer correct judge?

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Duty to Preserve Court’s Impartiality
Lawyers must and Decorum
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Not seek improper influence on court, and
Avoid ex parte communications.
No public statements likely to prejudice proceeding.
Example: Lawyer thinks judge made big mistake in trial. During trial, may lawyer
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Complain in private to judge’s clerk?
Complain to judge in private?
Complain to newspaper?

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Promote integrity and avoid even appearance of impropriety.
Be impartial, competent and diligent by
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Avoiding bias, prejudice or harassment;
Avoiding ex parte (one sided) communication;
Disqualifying self when impartiality might reasonably be questioned.

Judge’s Duty to Promote Integrity and
Avoid Appearance of Impropriety
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Judicial duties more important than personal or non-judicial activities for judge.
Judge must always comply with the law.
Judge must avoid even appearance of impropriety to promote public confidence in law.

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Show no bias, prejudice or harassment based on
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Gender
Race
Religion
Age
Marital status
Ethnicity
Socioeconomic status
Avoid Ex Parte (onesided) contacts
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Disqualify self if he/she has
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Bias about a party or a lawyer;
Knowledge of facts in case;
Prior involvement in case as a lawyer, witness or judge;
Economic interest in case; or
Present involvement in the proceeding by anyone closer than cousin as lawyer, witness or party.

Appearance of Impropriety:
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Judge calls prosecutor by full name and title, but calls defense lawyer by first name
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 only.
Judge calls defense lawyer a “nice young woman.”
Judge calls defense lawyer “nice young man from the countryside.”
Prosecutor refers to witness as “nice young married woman.”
Are any of these improper?

Appearance of Impropriety:
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Judge was in university class with prosecutor, comes from same village, worked in same office for two years.
Ten years later, prosecutor brings case before judge.
Must judge disqualify himself from the case?

Appearance of Impropriety:
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Judge has government car for official duties.
May judge give prosecutor a ride home in government car?
May judge give a friend (not a lawyer) a ride home in government car?

Thank you