Rules of Criminal Procedure

Rules of Criminal Procedure  Criminal Procedure Rule 48: Sanctions

Effective Date: 07/01/1979

(Applicable to District Court and Superior Court)

Table of Contents

Rule 48

A wilful violation by counsel of the provisions of these rules or of an order issued pursuant to these rules shall subject counsel to such sanctions as the court shall deem appropriate, including citation for contempt or the imposition of costs or a fine.

Reporter's notes

This rule is intended to supplement rather than supplant the provisions of prior law relative to the power of the courts to regulate the conduct of attorneys who practice therein and to discipline those whose actions fall short of accepted standards. The rule applies equally to attorneys and to defendants who appear pro se. 

In addition to the sanctions of citations for contempt and the imposition of costs or a fine, the rule contemplates referral to the Board of Bar Overseers where appropriate. 

See e.g., Supreme Judicial Court Rule 3.22A, Disciplinary Rules Applicable to Practice as a Prosecutor or as a Defense Lawyer (Feb. 14, 1979); ABA Standards Relating to the Prosecution Function § 1.1 (Approved Draft, 1971); ABA Standards Relating to the Defense Function § 1.1 (Approved Draft, 1971).

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