As a retired attorney, I feel the article “Botched bail hearing sparks memo to judges in wake of homicide” (Aug. 4, TribLive), although well written, overlooked a key concept; specifically, the concept that every attorney is an officer of the court.
Being an officer of the court means that an attorney has a special duty to uphold the integrity and proper functioning of the legal system. This is a duty that goes beyond just representing their client. This duty includes a duty of candor to the court, obedience to court rules, promoting the fair administration of justice and maintaining professional conduct.
Those duties place boundaries on an attorney’s duty to zealously advocate on behalf of their client. In this case, in my opinion, the public defender had an obligation, as an officer of the court, to point out to the judge that the rules of criminal procedure were being violated because an indispensable party (someone from the Allegheny County District Attorney’s Office) was not present. Had the public defender discharged her duties as an officer of the court, a grave injustice might have been prevented and an innocent life saved.
Ed Pencoske
Trafford