Ethics

Here is an announcement from Professor Peter Margulies:   

    Ethics Amicus in NY: Prof. Peter Margulies of Roger Williams invites ethics professors to join in an amicus brief to be filed in the N.Y. App. Div. 2d Dep't in People v. Perez, in which Cardozo Prof. Ellen Yaroshefsky provided an opinion regarding a pre-arraignment interview program conducted by Queens County DAs just before assignment of counsel.  Ellen concluded that the prosecutors' "script" for the interview, which implied that this was the last time a suspect could offer exculpatory information, was deceptive and hence violated RPCs 4.3 and 8.4(c).  In response, the Queens DA sought to place Ellen?s opinion under seal, and asserted that Ellen was a ?pro-defense? activist disqualified from offering an opinion.

    A number of ethics specialists, including Profs Margulies and Peter Joy of Wash. U., are working on a brief that supports Ellen on the merits and deplores the tone of the DA?s response.  If you are interested in supporting the brief, please respond to Prof. Joy at Joy@wulaw.wustl.edu; Peter will send out a copy of the brief and answer questions.  Your participation will help uphold two principles: 1) courts can review the ethics of prosecutors, and, 2) ethics experts can offer opinions without fear of ad hominem attacks.