Professor Andrew Horwitz tells the Providence Journal why a Rhode Island Superior Court "judge-shopping" decision doesn't reflect the reality of lawyers' roles.
From the PROVIDENCE JOURNAL: "Lawyers denounce R.I. Superior Court Judge Lanphear’s directive to divulge plea agreements," by Katie Mulvaney, Journal Staff Writer
PROVIDENCE, August 28, 2014: The criminal defense community expressed outrage this week over a court decision chastising two lawyers for “judge shopping” in their handling of a drug dealer’s criminal case.
Public Defender Mary S. McElroy and Andrew Horwitz, director of the criminal defense clinic at the Roger Williams University School of Law, are among the members of the state criminal defense bar to take the unusual step of publicly faulting Superior Court Judge Jeffrey A. Lanphear’s blistering Aug. 15 ruling as overreaching, off base and lacking in understanding about the lawyers’ roles in the judicial process. [...]
“One of the things I found most disturbing about this decision is that it displays a fundamental misunderstanding about the role of the defense lawyer…,” Horwitz said. “The lawyer is duty-bound not to reveal things that would harm his or her client so Judge Lanphear’s suggestion that silence somehow represents lack of candor is totally unfair.”
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