Section 3 - Legal Ethics & Professional Conduct
3.1 Overview
The integrity of the Department of Justice relies on the ethical conduct of every member from a new paralegal to the Chief Justice. Legal professionals carry not only the authority and governance of the law, but the responsibility to act with fairness, impartiality, and discipline.
All Department of Justice personnel must adhere to the Code of Legal Ethics, which governs professional behavior, confidentiality, and public representation. Ethical violations weaken public trust and will result in disciplinary action by the San Andreas Bar Administration (SABA) or the Chief Justice.
3.2 Ethical Principles
Our core values are a direct reflection of our Ethical Principles. They shape and guide the way members of the Department of Justice handle themselves in their professional duty.
| Principle | Definition |
|---|---|
| Integrity | Act honestly and transparently in all matters. Do the right thing when no one is watching. |
| Impartiality | Decisions made should be based on facts and law. Avoid personal, political, or external influence. |
| Accountability | Be willing to own up to your own actions, conduct, and legal outcome. |
| Confidentiality | Protect all client information, case files, and court materials from unauthorized disclosure. |
| Respect | Treat all parties including opposing counsel, judges, clients, and citizens with professionalism and care. |
| Loyalty | Put your duty before your personal interest. |
| Courage | Uphold justice even when doing so is unpopular or personally difficult. |
| Willing | Be willing to learn, adapt, and grow into things you aren't used to. |
3.3 Attorney Conduct
All attorneys, prosecutors, and defenders must:
- Refrain from misrepresenting facts or concealing material evidence.
- Avoid unnecessary delays, hostility, or disrepsect towards the court or opposing council.
- File documents truthfully and in compliance with procedural rules.
- Immediately disclose any conflict of interest that could compromise fairness.
- Maintain professional attire and demeanor during all court appearances or in the scope of your duty.
- Treat every party, including witnesses, victimes, and defendants with equal rights.
- Refrain from revealing any information that is protected from disclosure.
- Follow all orders given by the Judge or Chief Justice.
3.4 Judicial Conduct
Justices, Judges, and Magistrates must:
- Remain impartial and independent from political or personal influence.
- Avoid ex parte communication. (Private discussion of cases with one side. The other party must approve or otherwise be present.)
- Exercise authority with patience, restraint, and respect at all times.
- Disclose any conflict of interest that could create the appearance of bias.
- Uphold courtroom decorum and enforce professional behavior from all participants.
- Enforce any and all standards or orders set by the Chief Justice in the public courtroom.
3.5 Prosecutorial Ethics
Prosecutors represent the State and therefore must pursue justice, not conviction. They must:
- File criminal complaints / charges only when supported by probable cause and evidence admitted into the court.
- Disclose exculpatory evidence to the defense.
- Avoid statements that could prejudice potential jurors or the public.
- Refrain from using the courtroom as a platform for personal gain or publicity.
- Maintain fairness, even when dealing with uncooperative defendants.
- Follow direct orders given by the District Attorney.
3.6 Defense Ethics
Public Defenders and Private Defense Attorneys are bound to represent their clients within the boundaries of law. They must:
- Respect client-attorney confidentiality at all times.
- Avoid conflicts that may compromise their client's defense.
- Provide diligent, prepared, and competent representation.
- Never knowingly mislead the court or present false evidence.
- Act with professionalism, even toward opposing counsel and prosecution.
3.7 Applicable Conflict of Interest
Conflicts of interest undermine the integrity of the justice system and the trust placed in the Department of Justice. All Department of Justice personnel including the Chief Justice, Justices, Judges, Prosecutors, Defenders, and Administrative Staff must disclose and avoid any conflict of interest that could affect impartiality.
3.7A Examples of Conflict of Interest
- Representing or prosecuting a case involving a family member, friend, or known associate.
- Holding personal or financial interest that could be affected by the outcome of the case except for attorney / court fees.
- Using your official position to influence or benefit private interests.
- Simultaneous employment by multiple divisions within the Department of Justice. (Excludes: Court Clerks)
- Having prior involvement in a case as an officer, witness, or investigator.
- Engaging in romantic or social relationships that could influence objectivity within a case.
All conflicts of interest are required to be immediately reported to your supervising authority. (Chief Justice, Presiding Judge, Divisional Head.) They must recuse themselves from the involvement unless otherwise directed.
Exceptions can be made to conflict of interest when both parties agree to bypass the conflict of interest.
Failure to report a conflict of interest may result in disciplinary action as determined.
3.8 Client-Attorney Privilege
The Client-Attorney Privilege is one of the fundamental legal rights within the justice system. It ensures that clients can openly communicate with their attorneys without fear that such information will be disclosed or used against them. This privilege forms the foundations of trust, due process, ad effective representation.
3.8A Scope of Client-Attorney Privilege
- All communications between an attorney or public defender and their client are confidential and cannot be held against them unless otherwise agreed upon.
- The privilege applies from the beginning of formal representation or otherwise once the attorney-client relationship is formed.
- Confidentiality extends to paralegals, investigators, and clerks working under the attorney.
- Privileged information may not be disclosed to prosecutors, judges, law enforcement, or third parties without explicit written consent from the client unless otherwise ordered from the court.
3.8B Exceptions to Client-Attorney Privilege
Clinet-Attorney Privilege does not apply in the following examples:
- When the communication involves a planned or on-going crime.
- When disclosure is required to prevent serious harm or death.
- When a client explicity waives the privilege or by discussing protected information to anyone outside of the scope.
- When ordered by the Chief Justice in cases involving serious threats.
- When ordered by the presiding judge.
3.8C Attorney Duties
- Attorneys and paralegals must protect client information with the same care as court-protected evidence.
- Case files, recordings, and communications should be secured and stored confidentially.
- Any unauthorized disclosure is subject to disciplinary actions and will be waived from use against the client in the court.
3.9 Sanctions and Disciplinary Actions
Violations of ethical standards may result in:
| Punishment | Offense | Description |
|---|---|---|
| Written Warning | Minor / First-time offense | A written warning is a warning that is logged on public record with no other actions. |
| Issuance of Bar Points | Minor / Second-time offense | Bar points are negative reprimands issued on a bar license. |
| Suspension | Ongoing Investigations / Serious Offenses / 3 Points | Temporary removal from practice or court participation. |
| Disbarment or Termination | Serious Offenses / 7 Points | Permanent removal of bar license or DOJ participation. |
| Judicial / SABA Review | Investigations | Investigation by the Chief Justice, SABA, Division Head of any complaints reported. |
| 7 Bar Points | 7 Bar Points | Once a member of the Bar Administration receives 7 points, they're subject to disbarment or termination dependant of the Chief Justice. |
3.9A Authorizing Officials to Issue Sanctions or Disciplinary Actions
The authority to discipline DOJ personnel including attorneys, judges, paralegals, and administrative staff is shared across several levels of leadership within the Department of Justice.
Chief Justice
The Chief Justice maintains ultimate disciplinary authority over all DOJ divisions.
They may:
- Disbar an attorney or permanently revoke Bar membership.
- Terminate a Department of Justice employee from their position.
- Overturn or affirm disciplinary decisions from lower authority.
- Issue administrative orders related to conduct, ethics, or internal review.
- Issue a suspension at any time for on-going investigations.
- Hold administrative disciplinary authority from all other sections listed below.
Justices
Justices follow the Chief Justice when it comes to authority over all DOJ divisions.
They may:
- Indefinitely suspend a Department of Justice employee from their position.
- Terminate a Department of Justice employee from their position.
- Disbar an attorney.
- Issue administrative orders related to conduct, ethics, or internal review.
- Hold administrative disciplinary authority from all other sections listed below.
Judges
All Judges and Magistrates may issue courtroom-based sanctions when behavior disrupts proceedings or violates procedures.
Judges may impose:
- Contempt of court rulings.
- Monetary sanctions. (Fines or penalties)
- Removal from the courtroom / city hall.
- Procedural sanctions (striking filings, limiting argument, etc;)
- Mandatory corrective orders.
These sanctions apply to attorneys, defendants, witnesses, and courtroom staff when appropriate.
Divisional Heads
Divisional Heads including the District Attorney, Assistant District Attorney, Chief Public Defender, and Deputy Chief Public Defender may issue administrative corrective measures to personnel within their divisions.
They may issue:
- Verbal Warnings
- Written Warnings
- Corrective Actions
- Recommendations for further review by SABA, Justice, or Chief Justice.
Divisional Heads cannot suspend, terminate, or disbar but may refer serious violations upward.
San Andreas Bar Administration
SABA holds authority over all licensed attorneys in the State of San Andreass.
They may issue:
- Reprimands
- Mandatory Training Requirements
- Temporary Suspensions of Bar License
- Referral to the Chief Justice for further punishments.
If an attorney is suspended by the SABA, they may not practice law in any capacity during the suspension period.
3.9B Explicit Notice of Disciplinary Actions
All Attorneys, Prosecutors, Divisional Heads, and Justices reserve the right to be informed of their Disciplinary Actions. In order for the disciplinary action to be considered active the authorizing offical must:
- Issue a written notice to the receiving party.
- Provide a copy of the report once the investigation is concluded.
- Be informed of what actions are going to be taken.
All investigations and disciplinary actions should be resolved within 72 hours.
3.10 Appearance Policies
All licensed attorneys, Judges, Magistrates, Justices, Prosecutors, Divisional Heads, and the Chief Justice are required to follow the Appearance Policies listed below.
| Event | Authorized Clothing | Exemptions |
|---|---|---|
| Courtroom Procedures | Business Professional, Business Casual | Authorized Order from the Chief Justice that overrides this order. |
| Attorney Requests in Cells | Business Professional, Business Casual, Casual Attire | Authorized Order from the Chief Justice that overrides this order. |
| Personal Meeting at City Hall | Business Attire, Casual | Authorized Order from the Chief Justice that overrides this order. |
Members of the Department of Justice are expected to keep a clothing bag on them with a change of clothes when performing their official duties.
Judges are required to have their judge robe on them when presiding over a criminal or civil trial. Civil trials involving marriage, name change, divorce or alike are exempt from this policy.