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you are here: > Judicial Code
> Article 65
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III. Judicial Standards and Criminal Matters
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| 11. General Principles of Criminal Defense | ||
| Article 65-Criminal Defense Counsel code of conduct | ||
| 65.1 | Criminal Defense Counsel code of conduct | |
| The Criminal Defense Counsel code of conduct is a set of rules outlining the basic and essential ethical standards by which any and all counsel’s shall represent their clients and conduct themselves in relation to all criminal suits. |
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| 65.2 | All Criminal Defense Counsel’s shall be bound by this code of conduct |
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| All Criminal Defense Counsel’s and their assistants shall be bound by the rules of the code of conduct. No excuse of law, or any other, may be used to defend a direct and intentional breach of the code of conduct by a Criminal Defense Counsel. |
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| 65.3 | Swearing an oath to the code of conduct |
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| All Criminal Defense Counsels shall be bound to swear an oath to this code of conduct upon being appointed the representative of a criminal defendant, namely: |
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| “By the Judicial Code of (Society), and by the honor of the Charter of (Society) and its laws, I shall dutifully and honestly serve at as counsel of defense and adhere at all times to the code of conduct governing all counsels of criminal defense.” |
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| The same oath is required to be sworn at the commencement of any arraignment hearing and again at any trial or criminal hearing. |
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| Any counsel who does not swear this oath, or who refuses to swear this oath shall be banned from entering the courtroom for any matter and shall be liable for dismissal from any certification/registration to practice criminal law in (Society). |
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| 65.4 | Summary of Ten standards | |
| It is to these truths and ideals that I shall hold my position and no other: | ||
| 1. That I (a Criminal Defense Counsel) shall seek to perform the duties and responsibilities of counsel to the best of my abilities; | ||
| 2. That I (a Criminal Defense Counsel) pledge my allegiance to the Charter of (Society) and shall do all within my power to protect the integrity and independence of the judiciary; |
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| 3. That I (a Criminal Defense Counsel) pledge my honor and duty to upholding the essential rights of my client to being innocent until proven guilty, to a fair arraignment and any fair hearing or trial; |
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| 4. That I (a Criminal Defense Counsel) shall give each suit and defendant my complete and best attention and that I shall not allow my suitload to become so heavy as for the defense of any one suit suffer because of my limited time; |
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| 5. That I (a Criminal Defense Counsel) shall explore the details of each suit thoroughly and that all evidence and disclosure requirements and rights of the accused to a fair defense shall be pursued according to the law; |
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| 6. That I (a Criminal Defense Counsel) shall never allow my personal life, relationships or beliefs to be associated with, or influence in my judgment in any defense matter before me; |
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| 7. That I (a Criminal Defense Counsel) shall seek to render advice with care, precision and without delay; |
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| 8. That I (a Criminal Defense Counsel) shall investigate every possible piece of evidence and every possible legal method of defense within the strict limits of the law; |
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| 9. That I (a Criminal Defense Counsel) shall seek to be clear on my fees and expenses and to be as clear as to estimated and fair costs prior to any expense being incurred; |
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| 10. That I (a Criminal Defense Counsel) shall avoid impropriety and the appearance of impropriety; |
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