North Carolina : an assessment of access to counsel and quality of representation in delinquency proceedings - Page 66 |
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58 NORTH CAROLINA ments and photographs, for production of statements by and evidence favorable to the respondent, for production of a list of witnesses, and for the taking of depositions. (ii) In seeking discovery, the lawyer may find that rules specifically applicable to juvenile court proceedings do not exist in a particular jurisdiction or that they improperly or unconstitutionally limit disclosure. In order to make possible adequate representation of the client, counsel should in such cases investigate the appropriateness and feasi-bility of employing discovery techniques available in criminal or civil proceedings in the jurisdiction. (b) Other motions. Where the circumstances warrant, counsel should promptly make any motions material to the protection and vindication of the client’s rights, such as motions to dismiss the petition, to suppress evidence, for mental examination, or appointment of an investigator or expert witness, for severance, or to disqualify a judge. Such motions should ordinarily be made in writing when that would be required for similar motions in civil or criminal proceedings in the jurisdiction. If a hearing on the motion is required, it should be scheduled at some time prior to the adjudication hearing if there is any likelihood that consolidation will work to the client’s disadvantage. Standard 7.4. Compliance with Orders. (a) Control of proceedings is principally the responsibility of the court, and the lawyer should comply promptly with all rules, orders and decisions of the judge. Counsel has the right to make respectful requests for reconsideration of adverse rulings and has the duty to set forth on the record adverse rulings or judicial conduct which counsel considers prejudicial to the client’s legitimate interests. (b) The lawyer should be prepared to object to the introduction of any evidence damaging to the client’s interest if counsel has any legitimate doubt concerning its admissibility under constitutional or local rules of evidence. Standard 7.5. Relations with Court and Participants. (a) The lawyer should at all times support the authority of the court by preserving profes-sional decorum and by manifesting an attitude of professional respect toward the judge, opposing counsel, witnesses and jurors (i) When court is in session, the lawyer should address the court and not the prosecutor directly on any matter relating to the case unless the person acting as prosecutor is giving evidence in the proceeding. (ii) It is unprofessional conduct for a lawyer to engage in behavior or tactics purposely calculated to irritate or annoy the court, the prosecutor or probation department per-sonnel. (b) When in the company of clients or clients’ parents, the attorney should maintain a profes-sional demeanor in all associations with opposing counsel and with court or probation personnel. Standard 7.7. Presentation of Evidence. It is unprofessional conduct for a lawyer knowingly to offer false evidence or to bring inadmissi-ble evidence to the attention of the trier of fact, to ask questions or display demonstrative evi-dence known to be improper or inadmissible, or intentionally to make impermissible comments or arguments in the presence of the trier of fact. When a jury is empaneled, if the lawyer has sub-stantial doubt concerning the admissibility of evidence, he or she should tender it by an offer of proof and obtain a ruling on its admissibility prior to presentation. Standard 7.8. Examination of Witnesses. (a) The lawyer in juvenile court proceedings should be prepared to examine fully any witness whose testimony is damaging to the client’s interests. It is unprofessional conduct for
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Title | North Carolina : an assessment of access to counsel and quality of representation in delinquency proceedings - Page 66 |
Full Text | 58 NORTH CAROLINA ments and photographs, for production of statements by and evidence favorable to the respondent, for production of a list of witnesses, and for the taking of depositions. (ii) In seeking discovery, the lawyer may find that rules specifically applicable to juvenile court proceedings do not exist in a particular jurisdiction or that they improperly or unconstitutionally limit disclosure. In order to make possible adequate representation of the client, counsel should in such cases investigate the appropriateness and feasi-bility of employing discovery techniques available in criminal or civil proceedings in the jurisdiction. (b) Other motions. Where the circumstances warrant, counsel should promptly make any motions material to the protection and vindication of the client’s rights, such as motions to dismiss the petition, to suppress evidence, for mental examination, or appointment of an investigator or expert witness, for severance, or to disqualify a judge. Such motions should ordinarily be made in writing when that would be required for similar motions in civil or criminal proceedings in the jurisdiction. If a hearing on the motion is required, it should be scheduled at some time prior to the adjudication hearing if there is any likelihood that consolidation will work to the client’s disadvantage. Standard 7.4. Compliance with Orders. (a) Control of proceedings is principally the responsibility of the court, and the lawyer should comply promptly with all rules, orders and decisions of the judge. Counsel has the right to make respectful requests for reconsideration of adverse rulings and has the duty to set forth on the record adverse rulings or judicial conduct which counsel considers prejudicial to the client’s legitimate interests. (b) The lawyer should be prepared to object to the introduction of any evidence damaging to the client’s interest if counsel has any legitimate doubt concerning its admissibility under constitutional or local rules of evidence. Standard 7.5. Relations with Court and Participants. (a) The lawyer should at all times support the authority of the court by preserving profes-sional decorum and by manifesting an attitude of professional respect toward the judge, opposing counsel, witnesses and jurors (i) When court is in session, the lawyer should address the court and not the prosecutor directly on any matter relating to the case unless the person acting as prosecutor is giving evidence in the proceeding. (ii) It is unprofessional conduct for a lawyer to engage in behavior or tactics purposely calculated to irritate or annoy the court, the prosecutor or probation department per-sonnel. (b) When in the company of clients or clients’ parents, the attorney should maintain a profes-sional demeanor in all associations with opposing counsel and with court or probation personnel. Standard 7.7. Presentation of Evidence. It is unprofessional conduct for a lawyer knowingly to offer false evidence or to bring inadmissi-ble evidence to the attention of the trier of fact, to ask questions or display demonstrative evi-dence known to be improper or inadmissible, or intentionally to make impermissible comments or arguments in the presence of the trier of fact. When a jury is empaneled, if the lawyer has sub-stantial doubt concerning the admissibility of evidence, he or she should tender it by an offer of proof and obtain a ruling on its admissibility prior to presentation. Standard 7.8. Examination of Witnesses. (a) The lawyer in juvenile court proceedings should be prepared to examine fully any witness whose testimony is damaging to the client’s interests. It is unprofessional conduct for |