The
Ethical Standards and Principles of Federal Prosecution (PFP)
standard imposed by the [U.S.] Department of
Justice (DOJ)
is rooted in many sources i.e.
federal attorneys are subject,
in the performance of their professional duties, to
obligations
and standards imposed by law, by applicable rules of
professional conduct, and by DOJ regulations and
policies.
There
are many sources of such obligations and standards, including:
(a) the Constitution (e.g. Fourth, Fifth and Sixth Amendments);
(b) federal statutes (e.g. Jencks Act);
(c) case law (e.g. court opinions interpreting the Due
Process Clause);
(d) court orders (e.g. District Court's order on a motion in limine);
(e) rules of procedure (e.g. requirements in the FRCP and District Court's
[local] rules);
(f) standards of conduct
imposed by an attorney's licensing authority
or by the jurisdiction in which the attorney is litigating
(e.g. State rules of professional conduct);
(g) regulations issued
by DOJ and codified in the CFR
[Code of Federal Regulations]
(e.g. the regulation concerning subpoenas to
members of the news media);
(h) regulations codified
in the CFR (e.g. prohibition on the
use of an employee's
public office for private gain); and,
(i) DOJ policies
contained in the U.S.
Attorney's Manual
(e.g. requirements imposed on prosecutors by
the PFP).
-- In re Telfair, 745 F.Supp. 536 (USDC/DNJ 2010), headnote.
p.s.
See also the McDade Act, 28 USC 530B:
http://www.law.cornell.edu/uscode/28/530B.html
The
implementing Regulation
is overly broad by depriving
damaged parties of a private right of
action for violations
of the McDade Act. -- Paul Andrew Mitchell, B.A., M.S.