Monday, December 23, 2013

In re Friedman case brief

In re Friedman case brief summary
392 N.E.2d 1333 (1979)

The Review Board of the Attorney Registration and Disciplinary Commission (ARDC) recommended that respondent prosecutor be censured after the hearing board of the ARDC recommended that the complaint be dismissed with prejudice.

This case presented the questions of whether disciplinary action was merited and, if so, the nature of the sanction to be imposed when a prosecutor admittedly engaged in conduct violative of the Code of Professional Responsibility for the purpose of developing evidence to be used in a subsequent prosecution.


  • The parties did not cite any analogous cases previously considered by either a court or disciplinary committee. 
  • Because the prosecutor acted without the guidance of precedent or settled opinion, with considerable belief that he was acting properly, the court did not impose sanctions, even though the conduct in question merited censure. 
  • Accordingly, the prosecutor was discharged.

The court discharged the prosecutor, upholding the finding that that the prosecutor violated the Code of Professional Responsibility. The court did not impose sanctions.

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