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In reply to the discussion: Christie Crime Digest-Vol. I [View all]Laxman
(2,419 posts)293. Just A Note That May Be Of Interest....
to Bill "Billy Baloney" Baroni regarding his testimony before the Legislative Committee and perhaps to the NJ Office of Attorney Ethics....since its now clear that he gave willfully false or misleading testimony before the committee (see, for a lawyer it doesn't matter that you aren't under oath, lying to a "tribunal" is not permitted)
RPC 3.3 CANDOR TOWARD THE TRIBUNAL
(a) A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel;
(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures; or
(5) fail to disclose to the tribunal a material fact with knowledge that the tribunal may tend to be misled by such failure.
(b) The duties stated in paragraph (a) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by RPC 1.6.
(c) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.
(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all relevant facts known to the lawyer that should be disclosed to permit the tribunal to make an informed decision, whether or not the facts are adverse.
Comment to RPC 3.3
The Court has made two revisions to ABA Model Rule 3.3, which rule the Debevoise Committee recommended for adoption. One, the provisions of subparagraph (a)(2) are made applicable to "illegal" acts by clients, not just "criminal" and "fraudulent" acts. And, two, subparagraph (a)(5) has been added, which provides that attorneys shall not fail to disclose material facts that are likely to mislead the tribunal if counsel were to remain silent. This applies both to facts that are at issue in the case as well as facts relating to the management of the case. An attorney has an obligation to be candid and act with good faith toward the tribunal. See, e.g., In re Nigohosian, 88 N.J. 308 (1982); In re Herbstman, 84 N.J. 485 (1980); In re Turner, 83 N.J. 536 (1980).
(a) A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel;
(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures; or
(5) fail to disclose to the tribunal a material fact with knowledge that the tribunal may tend to be misled by such failure.
(b) The duties stated in paragraph (a) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by RPC 1.6.
(c) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.
(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all relevant facts known to the lawyer that should be disclosed to permit the tribunal to make an informed decision, whether or not the facts are adverse.
Comment to RPC 3.3
The Court has made two revisions to ABA Model Rule 3.3, which rule the Debevoise Committee recommended for adoption. One, the provisions of subparagraph (a)(2) are made applicable to "illegal" acts by clients, not just "criminal" and "fraudulent" acts. And, two, subparagraph (a)(5) has been added, which provides that attorneys shall not fail to disclose material facts that are likely to mislead the tribunal if counsel were to remain silent. This applies both to facts that are at issue in the case as well as facts relating to the management of the case. An attorney has an obligation to be candid and act with good faith toward the tribunal. See, e.g., In re Nigohosian, 88 N.J. 308 (1982); In re Herbstman, 84 N.J. 485 (1980); In re Turner, 83 N.J. 536 (1980).
So it might be nice if he were paid a visit from the Ethics Committee. He should be sanctioned or even disbarred for this.
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Let us not forget the DMV in Elizabeth. I'm still "sauced" over that one..LOL...n/t
monmouth3
Jan 2014
#7
Is it your prediction that Christie will be charged with a crime or crimes?
Exciting Trip
Jan 2014
#48
Since I believe that it's DOING something criminal that makes you a criminal
rocktivity
Jan 2014
#50
For the record, I think he should be charged and am cautiously optimistic that he will be
rocktivity
Jan 2014
#54
The New Brunswick apartment tower that got $4.8 million in Sandy relief funds
LiberalEsto
Jan 2014
#65
Next time you write a post like this, put it in its own OP, please , so more people can see it.
pnwmom
Feb 2014
#89
Christie begins an "internal investigation" though he's his own prime suspect
rocktivity
Feb 2014
#94
Christie's problem being, of course, is that Samson reports to him directly
rocktivity
Mar 2014
#130
Christie administration broke law in ignoring greenhouse gas rules, court says
rocktivity
Mar 2014
#162
New York Prosecutors Open Another Front of Scrutiny for Port Authority!
yortsed snacilbuper
Apr 2014
#203
"kicked $10,000 of it right back to the Republican Governor's Association?"
yortsed snacilbuper
Apr 2014
#213
GWB inquiry expands scope, subpoenas files from Christie political strategist!
yortsed snacilbuper
May 2014
#223
Christie and Wrestler "The Rock" Star in Online Pension Reform Video (For Seven Hours)
rocktivity
Jul 2014
#235
U.S. Attorney Fishman: Reports about Bridgegate investigation 'Almost entirely incorrect'
rocktivity
Jul 2014
#238
Gov. Christie Shifted Pension Cash to Wall Street, Costing New Jersey Taxpayers $3.8 Billion
rocktivity
Aug 2014
#241
...After Illinois declared the first privately run U.S. state lottery a failure
rocktivity
Dec 2014
#298