Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel?

California, United States of America


The following excerpt is from People v. Chavez, G052186 (Cal. App. 2017):

The law is clear. "A prosecutor commits misconduct if he or she attacks the integrity of defense counsel, or casts aspersions on defense counsel. [Citations.] 'An attack on the defendant's attorney can be [as] seriously prejudicial as an attack on the defendant himself, and, in view of the accepted doctrines of legal ethics and decorum [citation], it is never excusable.' [Citation.]" (People v. Hill (1998) 17 Cal.4th 800, 832.) Thus, the prosecutor should not have accused defense counsel of making a "misrepresentation" - at least not in front of the jury. Although the prosecutor had every right to object to defense counsel's question, this case illustrates the problems that arise when a party flouts the rules of evidence and decorum by making a speaking objection in front of the jury.

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