JUDGE FOR YOURSELF
OPINION: The ethics that safeguard justice
The criminal justice system can exert tremendous power over the lives of citizens. That power, whether exercised by prosecutors, judges, defense attorneys or jurors, is legitimate only when it conforms to the law and is checked by ethical principles. We often hear about 鈥渃hecks and balances鈥� among the three branches of government. There is also an internal system of checks within the justice system that helps ensure a fair and functional justice system.
Each participant in the criminal justice system has a distinct role and unique ethical responsibility; together this creates an ethical and balanced process that protects both the community and the rights of the accused.
Prosecutors exercise considerable power. They do not represent victims of crime, law enforcement agencies or public sentiment. Their client is the people of New Mexico. Prosecutors decide whether charges should be filed, what charges are appropriate and how a case should proceed, including whether to make a request for pretrial detention. Those decisions can result in the loss of a person鈥檚 liberty. Because that power is so great, it is checked by statutory and ethical duties. Prosecutors must disclose relevant evidence to the defense, avoid misleading the court, and make decisions based on the evidence rather than personal ambition, politics or public pressure.
Defense attorneys serve as an essential check on prosecutorial power. Their responsibility is to provide zealous representation within the law. Through investigation and motion practice, defense lawyers test whether the right charging decisions were made, whether required evidence has been disclosed and whether constitutional protections have been honored. Defense lawyers protect the rights of the individual accused; they also protect the system from becoming discriminatory, coercive or lawless. When either prosecutors or defense attorneys fail to fulfill their roles, the system becomes less credible and more susceptible to public distrust.
Judges serve as a check on both prosecutors and defense attorneys. Judges ensure that legal proceedings are conducted fairly, impartially and according to law. They must remain neutral, apply the law consistently and protect the rights of all parties. Public trust in the courts depends on judges being fair and procedures being transparent.
Judges must determine whether prosecutors have satisfied their obligations and whether defense attorneys are effectively representing the accused. Judges must preserve the integrity of the process itself.
Finally, jurors serve as the community鈥檚 direct check on the cases presented in court. Jurors are ethically obligated not to decide cases based on sympathy, bias or prejudice. Their duty is disciplined objectivity. Jurors must listen carefully, follow the law, weigh the evidence honestly, resist outside influence and reach a verdict supported by the facts.
Jury service is one of the few civic moments when citizens hold direct power over the outcome of a case. Exercising that power requires humility, attention and restraint. By objectively considering the prosecution鈥檚 case and the defense presented, jurors help ensure that the criminal justice system functions fairly and impartially.
Thus in the justice system, each participant checks the others. Prosecutors must disclose, defense attorneys must challenge, judges must referee, jurors must decide. When each fulfills the ethical demands of the role, the system functions. Jury service is your opportunity to ensure justice for all parties. As a community, we are collectively responsible for ensuring a fair justice system.
Clara Moran is a criminal court judge in the 2nd Judicial District.
