Maintaining and Preserving the Impartiality of Tribunals and Jurors

New York Rules of Professional Conduct (22 NYCRR Part 1200)

Rule: 3.5

Jurisdiction: NY

Bluebook Citation: NY RPC 3.5

(a) A lawyer shall not: (1) seek to or cause another person to influence a judge, official or employee of a tribunal by means prohibited by law or give or lend anything of value to such judge, official, or employee of a tribunal when the recipient is prohibited from accepting the gift or loan but a lawyer may make a contribution to the campaign fund of a candidate for judicial office in conformity with Part 100 of the Rules of the Chief Administrator of the Courts; (2) in an adversarial proceeding communicate or cause another person to do so on the lawyer’s behalf, as to the merits of the matter with a judge or official of a tribunal or an employee thereof before whom the matter is pending, except: (i) (ii) in the course of official proceedings in the matter; in writing, if the lawyer promptly delivers a copy of the writing to counsel for other parties and to a party who is not represented by a lawyer; (iii) orally, upon adequate notice to counsel for the other parties and to any party who is not represented by a lawyer; or (iv) as otherwise authorized by law, or by Part 100 of the Rules of the Chief Administrator of the Courts; (3) (4) seek to or cause another person to influence a juror or prospective juror by means prohibited by law; communicate or cause another to communicate with a member of the jury venire from which the jury will be selected for the trial of a case or, during the trial of a case, with any member of the jury unless authorized to do so by law or court order; (5) communicate with a juror or prospective juror after discharge of the jury if: (i) the communication is prohibited by law or court order; (ii) the juror has made known to the lawyer a desire not to communicate; (iii) t h e c o m m u n i c a t i o n i n v o l v e s misrepresentation, coercion, duress or harassment; or (iv) the communication to influence the juror’s actions in future jury service; or is an attempt (6) conduct a vexatious or harassing investigation of either a member of the venire or a juror or, by financial support or otherwise, cause another to do so. (b) During the trial of a case a lawyer who is not connected therewith shall not communicate with or cause another to communicate with a juror concerning the case. (c) All restrictions imposed by this Rule also apply to communications with or investigations of members of a family of a member of the venire or a juror. (d) A lawyer shall reveal promptly to the court improper conduct by a member of the venire or a juror, or by another toward a member of the venire or a juror or a member of his or her family of which the lawyer has knowledge.

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