In re Helmer: Supreme Court shines spotlight on attorney ethics in criminal practice

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.

In re Helmer: Supreme Court shines spotlight on attorney ethics in criminal practice

Chief Justice Rabner delivered the opinion of the Court in In re Helmer, __ N.J. __, on March 6, 2019, shining a spotlight on ethical challenges facing prosecutors and defense attorneys in modern criminal practice:

“This disciplinary matter involves serious allegations that a private attorney engaged in unethical conduct and improperly influenced the prosecution of two individuals […]  Certain aspects of the alleged behavior — if proven — would constitute conduct prejudicial to the administration of justice and violate Rule of Professional Conduct (RPC) 8.4(d).

“Among other things, the Office of Attorney Ethics (OAE) asserts that the private attorney improperly influenced the criminal justice process when he helped draft the indictment, testified before the grand jury, and tried to manipulate the bail and arrest processes so that a high amount of bail would be posted and later paid as restitution to his client.”