PRINTER'S NO. 184
No. 179 Session of 2005
INTRODUCED BY JAMES, WATERS, THOMAS, WASHINGTON, YOUNGBLOOD,
KIRKLAND, CURRY, D. EVANS, RUFFING, WHEATLEY, WILLIAMS,
BEBKO-JONES, BISHOP, CALTAGIRONE, PRESTON, CRUZ, BLACKWELL
AND JOSEPHS, FEBRUARY 1, 2005
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 1, 2005
AN ACT
1 Establishing standards of conduct for district attorneys in
2 counties of the first class; providing for duties of the
3 Supreme Court; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Ethical standards for district attorneys.
7 (a) General rule.--District attorneys and assistant district
8 attorneys, and employees of the office of district attorney in
9 counties of the first class shall be subject to Commonwealth
10 laws and rules and local court rules governing attorneys,
11 including the rules of professional conduct, where the attorney
12 engages in the duties of district attorney to the same extent
13 and in the same manner as other attorneys in that jurisdiction.
14 (b) Violations.--No district attorney or assistant district
15 attorney shall:
16 (1) In the absence of probable cause seek the indictment
17 of any person.
1 (2) Fail to release promptly information that would
2 exonerate a person under indictment.
3 (3) Intentionally mislead a court as to the guilt of any
4 person.
5 (4) Intentionally or knowingly misstate evidence.
6 (5) Intentionally or knowingly alter evidence.
7 (6) Attempt to influence or color the testimony of a
8 witness.
9 (7) Act to frustrate or impede a defendant's right to
10 discovery.
11 (8) Offer or provide sexual activities to any government
12 witness or potential witness.
13 (9) Leak or otherwise improperly disseminate information
14 to any person during an investigation.
15 (10) Knowingly misstate statutory or case law.
16 (11) Engage in conduct that discredits the office of
17 district attorney.
18 (c) Penalties.--Persons violating the provisions described
19 in subsection (b) shall, upon finding that a violation occurred,
20 be subject to:
21 (1) Probation.
22 (2) Demotion.
23 (3) Dismissal.
24 (4) Referral of ethical charges to the bar.
25 (5) Loss of pension or other retirement benefits.
26 (6) Suspension from employment.
27 (7) Referral of the allegations, if appropriate, to a
28 grand jury for possible criminal prosecution.
29 Section 2. Complaints.
30 (a) Written statement.--A person who believes that a
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1 district attorney or employee of the office of district attorney
2 in a county of the first class has engaged in conduct in
3 violation of section 1 (relating to ethical standards for
4 district attorneys) may submit a written statement to the
5 Disciplinary Board of the Supreme Court of Pennsylvania, in such
6 form as the Supreme Court may require, describing the alleged
7 conduct.
8 (b) Preliminary investigation.--Not later than 30 days after
9 receipt of a written statement submitted under subsection (a),
10 the Supreme Court Disciplinary Counsel shall conduct a
11 preliminary investigation and determine whether the allegations
12 contained in such written statement warrant further
13 investigation.
14 (c) Investigation and penalty.--If the Supreme Court, upon
15 receipt of findings by the Supreme Court Disciplinary Counsel,
16 determines that further investigation is warranted, the court
17 shall within 90 days further investigate the allegations and, if
18 the court determines that a preponderance of the evidence
19 supports the allegations, impose an appropriate penalty.
20 Section 3. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Employee." The term shall include, but not be limited to,
25 an attorney, investigator, special prosecutor or other employee
26 of the office of district attorney in a county of the first
27 class as well as an attorney, investigator, accountant or a
28 special prosecutor acting under the authority of the office of
29 district attorney.
30 Section 4. Effective date.
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1 This act shall take effect in 60 days.
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