Rule Violation By Disciplinary Counsel No Basis to Dismiss Misconduct Findings

The New York Appellate Division for the Fourth Judicial Department has censured an assistant district attorney who violated a court order that prohibited him from speaking to a testifying expert witness during a recess. He also had initially denied doing so. In an unrelated matter, the ADA had falsely informed a victim’s advocate and the victim’s family that he had objected to a plea bargain in the case.

The court found that disciplinary counsel had violated procedural rules by showing the ADA’s response to the bar complaint to a witness. The pertinent rule allows only the complainant to see the response. However, the court found that the violation did not necessitate dismissal of the bar charges. The rule is designed to protect the attorney’s reputation from potentially unfounded complaints and there was no public disclosure of confidential information.

This link will take you to the court’s web page. The case is Matter of Rodeman, decided on July 2. Additional details may be found here. (Mike Frisch)