Answers to Winter 2014
California Bar Exam Questions

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Winter 2014 Bar Question 1

Professional Responsibility

  Question
 

Three months ago, Dave was arrested for the burglary of a shoe store after a forensic investigation by the police department identified him as the burglar. Patty, a prosecutor, brought burglary charges against him.

A week ago, Patty saw a press release that the police chief was planning to issue to the media.  It stated that Dave was a “transient” and had been “arrested for burglary by Inspector Ing, who is known for his ability to apprehend guilty criminals.”

Four days ago, Patty received a report from a federal agency stating that the police department’s forensic investigation identifying Dave as the burglar was unreliable.
Three days ago, Patty announced “ready for trial” at a pretrial conference. Yesterday,  Patty  learned  that  two  eyewitnesses  had  identified  Dave  as  the
burglar.   Because she did not intend to use evidence from the forensic investigation, she did not disclose the federal agency report to Dave’s attorney. Dave’s attorney has never asked her to provide discovery.

This morning, Patty called the judge who will be presiding over Dave’s trial to reassure him that there is ample non-forensic evidence to convict Dave.

What ethical violations, if any, has Patty committed?  Discuss. Answer according to California and ABA authorities.

All questions © 2014 California State Bar Exam. All rights reserved

 
Answer

Professional Responsibility
Question 1, Winter 2014

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