Occasionally I have been questioned/challenged/called out as to whether the Rules of Professional Conduct ought to apply to government lawyers. Good question. My best answer is maybe, but I am not sure.
Take for instance Rule 3.8 dealing with prosecutors. This is the only rule in our book that applies to one discrete group of lawyers. A few years ago our Supreme Court decided a case called Massameno, finding that prosecutors were unique in that they were subject to regulation by two different branches of government the executive branch, which appoints and manages them, and the judicial branch which enforces the ethics rules. Fine. But should there be a separate rule just for them?
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