Roger Plawker Quoted in Law.com on Application of RPC Rules to Attorneys General

Roger Plawker, Chair of the Attorney Ethics & Professional Misconduct practice at Pashman Stein Walder Hayden P.C., was quoted in the Law.com article, “Is Bondi Bulletproof? Lawyers Weigh in on Trumps’s Top Attorney.”  Plawker discusses some of the Rules of Professional Conduct that may come into play for Bondi or any attorney general in these circumstances.

“Regardless of where you stand politically, licensed attorneys may not flout court orders without violating RPC 8.4(d), which prohibits conduct prejudicial to the administration of justice. Nor may an attorney under RPC 3.1 advance a matter where the attorney lacks a reasonable belief that it is supported in fact and law. Moreover, RPC 3.8 governs 'Special Responsibilities of a Prosecutor' and prohibits, among other things, ‘prosecuting a charge that the prosecutor knows is not supported by probable cause,'" Plawker said.

"There are limitations under RPC 3.6 on making extrajudicial statements that might prejudice a proceeding. RPC 8.2 prohibits lawyers from making knowingly false statements regarding a judge’s qualifications. These RPC’s and others are potentially implicated by much of the activity that is being reported in the media," he said.

"Without commenting on whether any actions to date involving AG Bondi violate these types of RPC’s, it is plain that she and other licensed attorneys in the Department of Justice need to be mindful of the additional limitations on their actions that may not apply to non-lawyers in the Executive Branch. Finally, I would note that there are no federal Rules of Professional Conduct, and that attorneys are subject to disciplinary oversight in the jurisdictions where they are admitted. In AG Bondi’s case, she is admitted, at least, in Florida. Whether any state disciplinary authority would seek to exercise jurisdiction over an attorney’s conduct in the DOJ is uncertain as RPC 8.5 and conflicts of law principles call for applying the Rules of Professional Conduct in the jurisdiction where the conduct occurred or had its chief effects," he said.

To view the full article, click here.