Can Civil Lawyer Preventing Prosecutor Meeting Alone W/ Crime Victim? I have an Indecency with a Child by Contact case in which Defendant's lawyer recommended an attorney who shares office space to represent our victim. The lawyer is paid for by Defendant's wife, who hates me and my office. The lawyer cannot explain the scope or purpose of his representation, but he will not let her meet with us without he is present to oversee the meeting. This obviously causes problems. These problems are exacerbated by the fact that this attorney is also a criminal defense attorney who even if he can be trusted not to report back Defendant's attorney, is still getting schooled on our office's trial preparation methods. Any good idea on how to prevent this conduct? I have filed a Motion to disqualify the attorney based on Attorney/Client Privilege, Rules of Professional Conduct and Crime Victims' Rights Act.

This happened to me once, a long long time ago, when I was a new trial prosecutor. I haven't done trial work for 10 years, but my reaction is still the same: How dare the defense bar limit my ability to reach a victim by claiming to represent her/him! I really gave that lawyer a piece of my mind 12 years ago. It might not have been the most professional thing to do, but it felt morally appropriate. Coercing a witness to withhold information or delay prosecution is a crime. PC 36.05. Victim's don't need representation (ad litems in certain circumstances, maybe) and there's no other reason to "represent" them than to help the defendant.

If your defendant is not yet indicted, you could subpoena the victim to appear before the grand jury. The attorney has no right to go there.

Are your victim's parents hostile to your prosecution? Who's side are they on?

If they are on your side, maybe you need to talk to them in your office, without the victim, and without the c/w's atty., and tell them how the cow eats the cabbage.

If they are on the side of the Def., can they be trusted to protect the child from the Def? If not, CPS needs to remove the child from their household. Hopefully the new guardian will have enough sense to know that a prosecutor needs to talk to his victim prior to trial.

I thought only the person, acting alone, could request an attorney's presence in any meeting. Think about it, if a person is arrested and his Mom hires him/her an attorney, the attorney cannot stop the interview, only the Defendant can to ask for his/her attorney.

I don't exactly know the answer, but isn't that the same for juveniles in trouble, being interviewed?

The Grand Jury idea gets a thumbs up, certinly you did not put all counts in the first indictment, or need to add a touching or two. Better hurry on that one before they give witnesses the right to have their attorney present at Grand Jury.

If the child was taken to a local Children's Advocacy Center at the beginning of an investigation, you might head off some of these problems. The Center helps the child, and any supportive or protective parents, to understand the system. They also provide counseling.

CPJ,

I have defense counsel pulling this stunt in a DV case and would like to file motions to recuse/disqualify the defense attorney. (he represents the Def. in a custody dispute as well)Could you please share what you did.
Thanks,

Scott