Abstract
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly extraprofessional misconduct. Further research remains necessary on the patterns and incentives underlying law society discipline of Crown prosecutors and government lawyers. Nonetheless, the relative rarity of disciplinary proceedings involving Crown prosecutors and government lawyers does not necessarily mean that law societies are neglecting their statutory mandate as it applies to those lawyers. At the same time, law societies may indeed be overly reliant not only on internal discipline of these lawyers by governments as their employers, but also on criminal proceedings as prompts for investigation and discipline.
Original language | Canadian English |
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Journal | Articles, Book Chapters, & Popular Press |
Publication status | Published - Oct. 1 2023 |
Keywords
- government lawyers
- Crown prosecutors
- extraprofessional misconduct
- disciplinary proceedings
- disciplinary proceedings involving Crown prosecutors and government lawyers
Disciplines
- Administrative Law
- Animal Law
- Business Organizations Law
- Civil Procedure
- Commercial Law
- Common Law
- Comparative and Foreign Law
- Constitutional Law
- Contracts
- Courts
- Criminal Law
- Criminal Procedure
- Dispute Resolution and Arbitration
- Environmental Law
- Evidence
- Family Law
- Food and Drug Law
- Health Law and Policy
- Human Rights Law
- Indigenous, Indian, and Aboriginal Law
- Intellectual Property Law
- International Humanitarian Law
- International Law
- Judges
- Jurisprudence
- Law
- Law and Gender
- Law and Politics
- Law and Race
- Law and Society
- Law of the Sea
- Legal Ethics and Professional Responsibility
- Other Law
- Privacy Law
- Property Law and Real Estate
- Public Law and Legal Theory
- Securities Law
- Tax Law
- Torts