Replies

In the ABA's Canon of Ethics, they make clear that attorneys should operate on behalf of their clients, "free of compromising influences and loyalties [EC 5-1]." As Earle represents the people of Travis County, his bald partisanship certainly creates the impression that his actions on their behalf intend to benefit the Democratic Party above the interests of Travis County residents. More to the point might be DR7-107 concerning trial publicity, which reads:

(A) A lawyer participating in or associated with the investigation of a criminal matter shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that does more than state without elaboration:
(1) Information contained in a public record.
(2) That the investigation is in progress.
(3) The general scope of the investigation including a description of the offense and, if permitted by law, the identity of the victim.
(4) A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto.
(5) A warning to the public of any dangers.
(B) A lawyer or law firm associated with the prosecution or defense of a criminal matter shall not, from the time of the filing of a complaint, information, or indictment, the issuance of an arrest warrant, or arrest until the commencement of the trial or disposition without trial, make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to:
(1) The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused.
(2) The possibility of a plea of guilty to the offense charged or to a lesser offense.
(3) The existence or contents of any confession, admission, or statement given by the accused or his refusal or failure to make a statement.
(4) The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examinations or tests.
(5) The identity, testimony, or credibility of a prospective witness.
(6) Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case.

Clearly, Earle has violated DR7-107(A) as well as (B)(1). He also has clearly violated EC8-8, which states that lawyers who serve as public officers "should not engage in activities in which his personal or professional interests are or foreseeably may be in conflict with his official duties."

Earle has made clear that his "investigation" of Tom DeLay is nothing more than a partisan fishing expedition meant to give rhetorical cover to Howard Dean and the rest of the Democratic Party leadership who fear DeLay's political skills. DeLay might have broken the law in Texas, but anything Earle turns up will necessarily be completely tainted by his naked partisanship in using his ongoing investigation for party fundraising speeches. The only investigation in which Earle should be involved is an ABA review of his Texas law license.

Ripped from Captain's Quarters