OK, for about the 200th time: Experience is a good thing. Inexperience is a bad thing. I have represented a lot of people. True. After I become prosecutor, if they break the law again, I will prosecute them. Despite the continued misleading scare tactics, this is VERY TRUE. The Rule that applies is Rule 1.9 of the Rules of Professional Conduct. c. Rule 1.9(a) • representing another person [State] • in the “same or a substantially related matter”; and • interests “materially adverse” to interest of former client I can (and will) prosecute a former client who breaks the law unless: It is the same or a substantially related matter; I cannot prosecute a former client in the same case (obviously) or another case that is substantially related. Substantially related means using the SAME evidence or facts as the first case. The Indiana Prosecuting Attorney Council addresses this matter in their Ethics Manual. IPAC also explains what is meant by substantially related. Must be a “substantial relationship” between the past representation and the present prosecution. Trinkle v. State, 288 N.E.2d 165 (Ind. Ct. App. 1972) [Decided before 1.9 adopted, but test is the same]. Now instead of focusing on this non-issue and trying to scare people into thinking that having a lot of experience is a bad thing - can we PLEASE focus on issues and put someone in the prosecutors office who not only promises change, but has the skill and EXPERIENCE to deliver on those promises. I am the only candidate who has EVER prosecuted anyone. I am the only candidate who has EVER tried a criminal jury trial. I am the only candidate who has been a FULL-TIME lawyer for nearly TWENTY FIVE YEARS. I am the only candidate who is a graduate of the National College of District Attorneys Carreer Prosecutor School. I am the only candidate that has spent my career living and working right here in our county. I am the only candidate who can turn this mess around and make our county a better place. Dirk
Posted on: Fri, 28 Mar 2014 16:02:23 +0000
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