The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act to establish standards of conduct for district attorneys and provide for duties of the supreme judicial court and for penalties. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION
1. Notwithstanding any law to the contrary, this act is to establish ethical
standards for district attorneys.
(a) General
Rule. District attorneys and assistant district attorneys, and employees of the
district attorney in counties or districts shall be subject to Massachusetts
laws and rules and local court rules governing attorneys, including the rules
of professional conduct, where the attorney engages in the duties of district
attorney to the same extent and in the same manner as other attorneys in that
jurisdiction.
(b)
Violations. No district attorney or assistant district attorney shall:
(1) in the
absence of probable cause seek the indictment of any person;
(2) fail
promptly to release information that would exonerate a person under indictment;
(3)
intentionally or knowingly misstate evidence;
(4)
intentionally or knowingly alter evidence;
(5)
intentionally mislead a court as to the guilt of any person;
(6) attempt
to influence or color the testimony of a witness;
(7) act to
frustrate or impede a defendant’s right to discovery;
(8) offer or
provide sexual activities to any government witness or potential witness;
(9) leak or
otherwise improperly disseminate information to any person during an
investigation;
(10)
knowingly misstate statutory or case law; or
(11) engage
in conduct that discredits the office of the District Attorney.
(c)
Penalties. Persons violating the provisions described in subsection (b) shall,
upon finding that a violation occurred, be subject to:
(1)
Probation.
(2)
Demotion.
(3)
Dismissal.
(4) Referral
of ethical charge to the bar.
(5) Loss of
pension or other retirement benefits.
(6)
Suspension from employment.
(7) Referral
of the allegations, if appropriate, to a grand jury for possible criminal
prosecution.
SECTION 2. Complaints.
(a) Written
statement. A person who believes that a district attorney or employee of the
office of district attorney in a county or district has engaged in conduct in
violation of Section 1, may submit a written statement to the Disciplinary
Board of the Supreme Judicial Court of Massachusetts, in such form as the Supreme
Judicial Court may require, describing the alleged conduct.
(b)
Preliminary investigation. Not later than thirty days after receipt of a
written statement submitted under subsection (a), the Supreme Judicial Court
Disciplinary Counsel shall conduct a preliminary investigation and determine
whether the allegations contained in such statement warrant further
investigation.
(c)
Investigation and penalty. If the Supreme
Judicial Court, upon receipt of
findings by the Supreme Judicial Court Disciplinary Counsel, determines that
further investigation is warranted, the court shall within ninety days further
investigate the allegations and, if the court determines that a preponderance
of evidence supports the allegations, impose an appropriate penalty.
SECTION 3. Definitions. The following words and phrases when used in this act
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
“Employee.”
The term shall include, but not be limited to, an attorney, investigator,
special prosecutor or other employee of the office of district attorney in a
county or district as well as an attorney, investigator, accountant or a
special prosecutor acting under the authority of the office of district
attorney.
SECTION 4. Effective Date. This act shall take effect ninety days after passage.