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•
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Are the rules governing ethics and conflicts of interest written
down and made public?
Do prosecutors accused of ethical violations or other misconduct
receive a written, documented (justified) explanation of accusation?
Do prosecutors have discretion to decline bringing a case? (If so, is
that decision reviewed internally by more senior prosecutors as
opposed to by another body?)
4) Function: Private Criminal Defense Attorneys
a) Capability: Defense Attorneys
i)
Measurement Indicators
Are there requirements for a lawyer to appear before the court as a
•
defense attorney?
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Do defense attorneys have a budget adequate to carry out their
responsibilities?
•
Do defense attorneys have s ufficient substantive and material
resources (including statutes, codes, regulations, supplies, etc.) to
perform their duties?
Must defense attorneys attend and receive periodic training to stay
•
current in the law?
Are the rules governing ethics and conflicts of interest written
•
down and made public?
•
Do defense attorneys accused of ethical violations receive written,
documented explanation of accusation by a recognized bar or other
legal association?
•
Do the prosecutor and defense attorney have “equality of arms” in
presenting their case/arguments?
•
Must defense attorneys recuse themselves in cases posing a
conflict of interest?
5) Function: Public Defender
a) Capability: Public Defenders
i)
Measurement Indicators
Is there a public defenders service?
•
•
Is the entity that manages the provision of legal aid sufficiently
independent?
•
Is the public defenders program free from government interference
and influence except for receiving government funding?
•
Is there general parity between lawyers from the public defenders
office and the prosecution with respect to resources and status?
•
Is there adequate funding to provide public defenders for all
appropriate cases?
•
Are public defenders provided with and required to attend
continuing legal education?
b) Capability: Public Defender Accessibility
i)
Measurement Indicators
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