Opinion

In Re Complaint as to the Conduct of Lasswell

  • 296 Or. 121
  • 673 P.2d 855
  • 1983 Ore. LEXIS 1769
Court
Oregon Supreme Court
Filed
Dec 6, 1983
Status
Published
Author
Roberts
On the bench
Campbell, Roberts
Cited by
36 cases

sustaining professional constraints on disclosure if disclosure is incompatible with professional function and sanction is limited to the professional role or relationship

How later courts described this case

  • sustaining professional constraints on disclosure if disclosure is incompatible with professional function and sanction is limited to the professional role or relationship
  • professional disciplinary rule survived the accused’s constitutional challenge, because this court narrowly interpreted it so as to limit its coverage, in the words of Article I, section 8, to a prosecutor’s “abuse” of the “right to speak, write, or print freely on any subject whatever”
  • Disciplinary Board erred in basing rule violation concerning prosecutor’s extrajudicial state- ments on particular events not charged in complaint; only factual event described in complaint provided basis to ana- lyze alleged rule violation
  • regulation of speech is unconstitutional unless it falls within “a historically established exception” that the framers did not intend to abandon upon adoption of the constitution

Written by the judges who cited it.

The opinion

ROBERTS, J.,

dissenting.

I write separately to dissent because I believe the majority opinion will result in undesirable consequences.

The majority, in requiring that a lawyer must act “with indifference” before violating DR 7-107(B)(5) and (6), has gone too far in my opinion in weighing free speech against a defendant’s right to a fair trial. Under the majority opinion only the most blatant behavior on the part of prosecutors will require disciplinary action.

*137 A prosecutor has, by the very nature of the job, a responsibility to protect the integrity of trials. Therefore, a test that hinges on whether the prosecutor “knows or is bound to know” that his acts “pose a serious and imminent threat to the process” protects both the prosecutor’s freedom of speech and defendants’ right to a fair trial.

I respectfully dissent. I join in the separate dissenting opinion of Campbell, J.

Campbell, J., concurs with this dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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