Sunday, February 3, 2013

Utah needs an attorney ethics law

As the Utah Legislature convenes for its 2013 session, and at a time when our attorney general is embroiled in allegations of misconduct, it's  time to pass an attorney ethics law. Though others can be charged with criminal perjury and contempt for lying to a judge, Utah attorneys -- not “sworn in” in court hearings -- can lie with impunity, because there are simply no laws to enforce their honesty.

Attorneys take an oath when admitted to the Utah State Bar that they will discharge their "...duties with honesty, fidelity, professionalism, and civility..."  That should equate to being "sworn in,"  but the Bar is a peer organization and very much like a referee having his own team on the playing field. Attorneys look out for other attorneys. Only a miniscule percentage of Bar's members' complaints result in strong disciplinary measures, and judges may choose to ignore an attorney's alleged lies despite the Utah Judicial Conduct Code, which mandates that they take action.

Utah Legislature
The UJCC doesn't quibble about semantics, but states, "If a normal person would be offended by such disregard of the law and such an abandonment of responsibility, the Utah Judicial Commission can and has a responsibility to act on this information." Nevertheless, the Utah Judicial Conduct Commission doesn't enforce its code, and its staff admits the commission has little disciplinary power.

Twelve other states have passed laws making attorney deceit and collusion a criminal act. The resulting misdemeanor conviction is legal basis for civil suit with  treble damages. Utah has been inept or incompetent in demanding accountability of its "officers of the court." The self-policing system simply doesn't work. An impartial and equitable court system depends on attorney honesty. Without that, the Constitutional rights of every Utahn are at risk. We have a right to expect that court decisions are not based on an attorney's lies, and that judges will take appropriate action in enforcement of the rules.

It is time for Utahns to tell their legislators they demand accountability in the legal profession and the court system.

Let's insist on a law that creates real consequences for dishonest officers of the court.

Here's are some of the basic rules the Lawyer Integrity Bill of 2013 should include:

A lawyer shall:

1)  not make a false statement of material fact or law to a tribunal.

2)  shall not fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client.

3)  shall not offer evidence that the lawyer knows to be false.

4)  If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.

5)  False Evidence  --  When evidence that a lawyer knows to be false is provided by a person who is not the client, the lawyer must refuse to offer it regardless of the client's wishes.

6)  an advocate must disclose the existence of the client's deception to the court or to the other party.

7)  an advocate must disclose the existence of perjury with respect to a material fact, even that of a client.

8)  a lawyer has authority to refuse to offer testimony or other proof that the lawyer believes is untrustworthy.

9)  a lawyer has a special obligation to protect a tribunal against criminal or fraudulent conduct.

Any officer of the court, including all private or government attorneys and judges who have taken the Attorney Oath shall be bound by law to the commitments thereby sworn.

Any such officer of the court found guilty of such dishonesty shall be in violation of the aforementioned rules, shall be deemed in violation of the laws of the State of Utah and shall be guilty of a misdemeanor punishable by fine, jail time, or both,  and such a conviction shall be basis for a civil suit with treble damages.

By Michael Robinson, Standard-Examiner Contributed

Source: The StandardNet

No comments:

Post a Comment

I thank for the comment!