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Ethics

: Legal Ethics Forum

Hmm. Justice Kennedy cites the Model Code for a duty of zeal?

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In the new case, Melendez-Diaz v. Massachusetts, Justice Kennedy's dissent cites Canon 7-1 of the Model Code as support for his belief that criminal defense counsel has a duty of zeal.  I'm a big fan of zeal (when it's properly construed). But I'm a little baffled by that cite.  I notice that Justice Kennedy does use some squishy language to suggest that he's referring to his traditional belief in a duty of zeal rather than to a directly controlling authority.  (It's at page 25 of his dissent.) Still, an odd cite, no?



(As a personal aside, I can't help but celebrate that a student comment authored by Carolyn Zabrycki, my former ethics student, and for whom I was a mock trial coach, was cited in the dissent.  Way to go, Carolyn!)

Full post as published by Legal Ethics Forum on June 25, 2009 (boomark / email).

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