Q: If a prosecutor is deemed DELINQUENT, and PROHIBITED from practicing law, how can they still prosecute a case in a trial
RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS
REQUIRMENTS
Every member must complete a minimum of 30 credit hours of approved continuing legal education activity every 3yrs.
DELINQUENCY
If a member fails to complete and report the minimum required continuing legal education hours by the end of the applicable reporting period, the member shall be deemed delinquent in accordance with rule 1-3.6, Rules Regulating The Florida Bar.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If a prosecutor is deemed delinquent and prohibited from practicing law, they should not be able to prosecute a case. Delinquency under Rule 6-10.3 indicates failure to meet continuing legal education requirements, leading to suspension from practicing law. A prosecutor in this situation loses the legal authority to participate in trials or any legal proceedings.
If you find yourself facing a prosecutor who is delinquent, it is crucial to bring this to the attention of the court. You can file a motion or inform your attorney, who can address the issue properly. This ensures that the legal process remains fair and just, as only those authorized to practice law should handle legal cases.
In such cases, the court may need to appoint a different prosecutor who meets all legal requirements. Ensuring that all involved parties adhere to the rules helps maintain the integrity of the legal system. Taking the proper steps can protect your rights and ensure that the trial proceeds lawfully.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
