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Webpage of CJA's October 14,
2016 conflict-of-interest/misconduct complaint
CJA's October 14, 2016 Conflict-of-Interest/Misconduct
Complaint to the Attorney Disciplinary Committees of New York's Four
Appellate Divisions -- enclosed, incorporated, April 15, 2013 corruption complaint to U.S. Attorney Bharara Exhibit B: CJA's January 7, 2014 (first) supplemental complaint webpage with referred-to substantiating PROOF Exhibit C: CJA's June 21, 2016 (second) supplemental complaint to D.A. Soares webpage with referred-to substantiating PROOFExhibit D:
webpage with referred-to substantiating PROOF
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New York's Rules of Professional Conduct -- Part 1200
National Prosecution Standards of the National District Attorneys Association Section 1-3.3 “Specific
Conflicts”, Subdivision (D): “The prosecutor should excuse himself or
herself from any investigation, prosecution, or other matter where
personal interests of the prosecutor would cause a fair-minded,
objective observer to conclude that the prosecutor’s neutrality,
judgment, or ability to administer the law in an objective manner
may be compromised.” Section 1-3.4 “Conflict Handling”: “Each prosecutor’s office should establish
procedures for handling actual or potential conflicts of interest.
These procedures should include, but are not limited to:
a. The creation of firewalls and taint or filter teams to ensure
that prosecutors with a conflict are not improperly exposed to
information or improperly disclose information; and
b. Methods to accurately document the manner in which conflicts were
handled to ensure public trust and confidence in the prosecutor’s
office.” Section 1-3.5 “Special
Prosecutors”: “Where an actual or potential conflict of
interest exists that would prevent the prosecutor’s office from
investigating or prosecuting a criminal matter, the prosecutor’s
office should appoint, or seek the appointment of a “special
prosecutor,” or refer the matter to the appropriate governmental
authority as required by law….” Section 1-1.6 “Duty to Respond to
Misconduct”: “A prosecutor is obligated to respond to
professional misconduct that has, will, or has the potential to
interfere with the proper administration of justice:
a. Where the prosecutor knows that another person associated with
the prosecutor’s office has engaged, or intends to engage in
professional misconduct that could interfere with the proper
administration of justice, the prosecutor should address the matter
in accordance with internal office procedures.
b. If the office lacks adequate internal procedures to address
allegations of professional misconduct, a prosecutor who learns of
the misconduct may, in the first instance, request that the person
desist from engaging in the misconduct. If such a request is, or is
likely to be, futile or if the misconduct is of a sufficiently
serious nature, a prosecutor should report the misconduct to a
higher authority within the prosecutor’s office.
c. If, despite a prosecutor’s best efforts, no action is taken in
accordance with the prior procedures to remedy the misconduct, a
prosecutor should report the misconduct to appropriate officials
outside the prosecutor’s office (to the extent permitted by the law
and rules of ethical conduct of the state).
d. A prosecutor’s failure to report known misconduct may itself constitute a violation of the prosecutor’s professional duties.”
NEW YORK's ATTORNEY DISCIPLINARY COMMITTEES First Department Attorney Disciplinary Committee Second Department Attorney Disciplinary Committees Third Department Attorney Disciplinary Committees Fourth Department Attorney Disciplinary Committees
* * * click here for: MENU OF CJA's JUDICIAL COMPENSATION WEBPAGES
"New York lawmakers push bill to review complaints against district attorneys", June 12, 2016, Daily News (Glenn Blain) "Steven K. Downs Proposes Commission on Prosecutorial Conduct at Court of Appeals",
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