RULE 3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL

Obsolete Date: 8/1/2006

A lawyer shall not:

(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law including ex parte communications concerning a pending or impending proceeding; or

(b) engage in conduct intended to disrupt a tribunal.

Many forms of improper influence upon a tribunal are prescribed by criminal law. Others are specified in the North Dakota Rules of Judicial Conduct, with which an advocate should be familiar.A lawyer is required to avoid contributing to a violation of such provisions.

The lawyer's function is to present evidence and argument so that the cause may be decided according to law. Refraining from abusive or obstreperous conduct is a corollary of the lawyer's right to speak on behalf of litigants. A lawyer may stand firm against abuse by a tribunal but should avoid reciprocation; the tribunal's default is no justification for similar dereliction by a lawyer. A lawyer can present the cause, protect the record for subsequent review and preserve professional integrity by patient firmness no less effectively than by belligerence or theatrics.

Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 09/20/85 and 10/18/85