NAPD Public Resources

The National Association for Public Defense (NAPD) has issued a formal ethics opinion addressing the complexities surrounding ex parte communications between Public Defender’s Offices (PDO) and employees at state-run mental health facilities. The opinion clarifies that the Office of Attorney General (OAG) does not represent all facility employees under Model Rules of Professional Conduct (MRPC) 4.2, allowing PDOs to communicate with these employees for client representation. It emphasizes that blanket claims of representation are improper, and only certain employees with managerial authority are protected from such communications, thereby ensuring fairness in legal representation.

The document further explores the ethical implications of lawyers advising clients on instructing employees not to communicate with opposing counsel. It highlights the importance of access to non-party witnesses, particularly medical professionals, in legal proceedings, asserting that preventing such access could obstruct justice. The opinion concludes that barring the PDO from contacting facility staff is improper, advocating for exceptions to communication rules to promote fairness and efficiency in judicial processes.