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- From: ndallen@r-node.gts.org (Nigel Allen)
- Subject: U.S. Justice Department Publishes Proposed Rules on Communications With Represented Persons
- Message-ID: <1992Nov21.084748.21776@r-node.gts.org>
- Organization: Echo Beach, Toronto
- Date: Sat, 21 Nov 1992 08:47:48 GMT
- Lines: 54
-
- Here is a press release from the U.S. Department of Justice.
-
- Justice Department Publishes Proposed Rules on Communications With
- Represented Persons
- To: National Desk
- Contact: Joseph Krovisky of the U.S. Department of Justice,
- 202-514-2007
-
- WASHINGTON, Nov. 20 -- The U.S. Department of Justice today
- announced the publication in the Federal Register of a proposed
- set of rules regarding the circumstances under which government
- attorneys may engage in communications with persons who are
- represented by counsel.
- The proposal is intended to provide bright-line guidance to
- federal prosecutors and law enforcement officials in performance of
- their obligations to enforce federal laws. The proposal is also
- intended to resolve a long-standing problem involving the uneven
- application of sometimes conflicting state and local attorney ethical
- rules addressing such communications to government attorneys involved
- in criminal and civil law enforcement. State and local rules, which
- were originally designed for private attorneys conducting civil
- litigation, have provided little practical guidance to federal
- prosecutors and have been subject to widely differing
- interpretations.
- The proposed rules outline for the first time a clear,
- comprehensive, and uniform set of guidelines for Department of
- Justice attorneys. "The proposed regulation strikes a proper
- balance between effective law enforcement and the constitutional
- right to counsel," said Attorney General William P. Barr.
- The proposed rules are part of a comprehensive package addressing
- the issue, including amendments to the U.S. Attorney's Manual and the
- publication of a detailed commentary explaining and interpreting the
- rules. The publication of the proposed rules in the Federal Register
- will be followed by a 30-day period for public comment.
- The proposal is the culmination of more than a year and a half of
- study and analysis within the department, under the auspices of a
- subcommittee of the Attorney General's Advisory Committee of U.S.
- Attorneys headed by Deborah J. Daniels, United States Attorney for
- the Southern District of Indiana, and F. Dennis Saylor, Special
- Counsel to the Assistant Attorney General, Criminal Division.
- Dozens of career law enforcement attorneys contributed to the
- development of the proposal, including representatives from the
- Antitrust, Civil, Civil Rights, Criminal, Environment and Natural
- Resources, and Tax Divisions, the FBI, the DEA, and more than two
- dozen U.S. Attorney's offices. In particular, the following
- individuals made outstanding contributions to the development of the
- project: Joyce R. Branda, deputy director, Commercial Litigation
- Branch, Civil Division; Suzanne Durrell, Assistant U.S. Attorney,
- District of Massachusetts; J. Douglas Wilson, attorney, Appellate
- Section, Criminal Division; Mark Rotert, chief of the General Crimes
- Division, U.S. Attorney's Office for the Northern District of
- Illinois; and Dan Polster, Assistant U.S. Attorney, Northern District
- of Ohio.
- -30-
-