[AlwaysLurking]

You would think by now the State Attorney Office in Palm Beach would have stopped leaking to the press about Rush. It is evidence that they have no case but are intent to smear Rush.

[M Kehoe]

Good evening. I trust you are well.

May I ask if you will be assisting in the defense of Mr. Limbaugh? If so, good luck to you, and best wishes to Rush.

5.56mm

[lindael]

Hi I am new here. I have a photo I would like to put up but I am having problems. Could someone email me and tell me how to include a photo in a reply. Thanks for your help

[harpo11]

"... we think the State Attorney’s Office should be investigated for journalist shopping."

I think the State Attorney's Office should be investigated for mounting a political witch hunt against a very popular and outstanding major contributor to our country's greatness and survival.

This particular State Attorney really has a "hard on" for Rush in the worst way. My hopes are that somewhere, somehow, the vast legions of Rush's loyal listeners and supporters will make sure our voices are heard.

[Amerigomag]

To bad that the pundits on FreeRepublic didn't have the benefit of this post as they slugged it out this morning over the prosecutor's leaked, unfounded story.

[BJungNan]

The attorney general's office - and every prosecutor - should be barred from making any public comment on a pending case short of an initial announcement at the time charges are filed.

A statement at that time should follow a predetermined script and cite the applicable sections of the law. Any further comments to the media by the prosecutor and any leaks from the prosecutor's office should be grounds for stiff penalty and a the immediate dismissal of all charges.

There is no reason other than grandstanding for the prosecutor to be issuing public comments. The place for the prosecutor to make their case is in the courtroom.

[longtermmemmory]

This may be a Bar Reportable offense. The SA thinks they incoculated themselves by consulting with the AG and FL Bar ethics hotline. The ethics hotline is NOT immunity and attorneys are warned. (it would not be the first time a lawyer tried to pull a fast one by manipulating the Bar.)

The open disemination of settlment negotiations puts an immediate chill on ANY negotiations other lawyers have with the SA. Will they make absurd media manuvers to gain advantage? In one fell swoop, the Palm Beach State Attorney has jepordized ALL the negitiated cases which may have a public component.

There was no intention for the SA to make a legitimate offer. This was a sucker offer. The SA WANTS A TRIAL. (public flogging.) They don't want any plea. A plea is subject to the approval of the judge. An onerous plea would be rejected just as much as a weak plea.

Doing some ethics research will report shortly.

[longtermmemmory]

This may be a violation by the SA since he is leaking to gain advantage unjustly in a case.

Rules Regulating The Florida Bar


4 RULES OF PROFESSIONAL CONDUCT
4-4 TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

RULE 4-4.4 RESPECT FOR RIGHTS OF THIRD PERSONS

In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person or knowingly use methods of obtaining evidence that violate the legal rights of such a person.


Comment

Responsibility to a client requires a lawyer to subordinate the interests of others to those of the client, but that responsibility does not imply that a lawyer may disregard the rights of third persons. It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence from third persons.

=snip=

4 RULES OF PROFESSIONAL CONDUCT
4-3 ADVOCATE

RULE 4-3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(b) not seek to obtain from an unrepresented accused a waiver of important pre-trial rights such as a right to a preliminary hearing;

(c) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.

Comment

A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations such as making a reasonable effort to assure that the accused has been advised of the right to and the procedure for obtaining counsel and has been given a reasonable opportunity to obtain counsel so that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate. Florida has adopted the American Bar Association Standards of Criminal Justice Relating to Prosecution Function. This is the product of prolonged and careful deliberation by lawyers experienced in criminal prosecution and defense and should be consulted for further guidance. See also rule 4-3.3(d) governing ex parte proceedings, among which grand jury proceedings are included. Applicable law may require other measures by the prosecutor and knowing disregard of these obligations or systematic abuse of prosecutorial discretion could constitute a violation of rule 4-8.4.

Subdivision (b) does not apply to an accused appearing pro se with the approval of the tribunal, nor does it forbid the lawful questioning of a suspect who has knowingly waived the rights to counsel and silence.

The exception in subdivision (c) recognizes that a prosecutor may seek an appropriate protective order from the tribunal if disclosure of information to the defense could result in substantial harm to an individual or to the public interest.

=snip=

this is the good one

4 RULES OF PROFESSIONAL CONDUCT
4-3 ADVOCATE

RULE 4-3.6 TRIAL PUBLICITY

(a) Prejudicial Extrajudicial Statements Prohibited. A lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding due to its creation of an imminent and substantial detrimental effect on that proceeding.

(b) Statements of Third Parties. A lawyer shall not counsel or assist another person to make such a statement. Counsel shall exercise reasonable care to prevent investigators, employees, or other persons assisting in or associated with a case from making extrajudicial statements that are prohibited under this rule.

Comment

It is difficult to strike a balance between protecting the right to a fair trial and safeguarding the right of free expression. Preserving the right to a fair trial necessarily entails some curtailment of the information that may be disseminated about a party prior to trial, particularly where trial by jury is involved. If there were no such limits, the result would be the practical nullification of the protective effect of the rules of forensic decorum and the exclusionary rules of evidence. On the other hand, there are vital social interests served by the free dissemination of information about events having legal consequences and about legal proceedings themselves. The public has a right to know about threats to its safety and measures aimed at assuring its security. It also has a legitimate interest in the conduct of judicial proceedings, particularly in matters of general public concern. Furthermore, the subject matter of legal proceedings is often of direct significance in debate and deliberation over questions of public policy


=end snip=

If the SA TOLD THE REPORTER to ask for the letters via public request that would violate Florida Bar Ethics rule 4-36(a).

Even if the Chief claims innocence. The lawyer in charge CAN BE HELD RESPONSIBLE for the acts of lawyers under him/her. This is not just 4-3.6(b)

If the SA orchestrated the release of the Cline's story to Enquirer. (made sure the had the right immunity deal to ensure Rush had to be embarassed into a confession) this would be a violation of Rule 4-4.4 because at that time Rush was a third person and openly not part of an invetigation.

This is most assuridly now a FL Bar matter. This SA is out of control. He is humiliating the profession. (not that it would be hard to do.) But even in the Bar's eyes, this guy is obviously manipulating the prosecutor's office only for political gain and.

[marty60]

This is what pisses me off about attorney's all they do is talk. Why doesn't Black file charges against this dirtbag. Stop whining to the press. Just release a statement and then go for the jugular.

[Rockitz]

Krischer is trying to parlay this cse in to a run for State Attorney General. I'd guess he's getting his marching orders from the DNC.

[Bonaparte]

Finally! Black is doing exactly what (ahem) I would do. By leaking all that prejudicial information, the DA has made a fair trial in Florida impossible. The matter against Limbaugh should be dropped and the Governor should initiate an investigation of the DA's office by his AG rfn. Moreover, Black should file a federal civil rights suit against the county.

[sweetliberty]

"we think the State Attorney’s Office should be investigated for journalist shopping."

LOL!

"What is most troubling here is the continued violations of Florida law and bar ethics by the State Attorney’s Office."

If there is one thing I have learned about the judicial system in Florida, from the election of 2000, from the Terri Schiavo case and now this, it's that they don't let a little thing like the law and the Constitution get in the way of doing whatever it is they want to do.

[TigersEye]

Limbaugh and Black get the Goods on Brischer