Protective Order Violation Gets Attorney Reprimanded

The Delaware Supreme Court imposed a public reprimand of a criminal defense attorney who violated the terms of a protective order that he had a hand in drafting.

The court

For the reasons meticulously outlined by the Board[on Professional Responsibility], the record supports a finding by clear and convincing evidence that Koyste knowingly violated the PO in Benn’s case. Koyste actively participated in drafting the PO, understood its terms, and specifically acquiesced to the clause prohibiting him or his agents from using the discovery material to identify or contact witnesses. The terms of the four-paragraph PO were clear and unambiguous. Koyste had a signed copy of the Superior Court’s and never forgot that Benn’s case was governed by a PO. Despite several reminders from the prosecutor about the terms of the PO, Koyste made no effort to review the Superior Court’s order or take any measures to determine his compliance with the PO before instructing his investigator to show the discovery materials to Benn and his wife.

The court concluded that “the Board properly found that [the attorney’s] violation of the PO caused potential injury to the vulnerable, teenage victim in Benn’s case and caused actual injury to the legal system.” (Mike Frisch)