Attorney Grievance Commission of Maryland v. Gansler

835 A.2d 548 (2003)

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Attorney Grievance Commission of Maryland v. Gansler

Court of Appeals of Maryland
835 A.2d 548 (2003)

  • Written by Rose VanHofwegen, JD

Facts

Prosecutor Douglas Gansler was charged with making improper extrajudicial statements to the press about four criminal cases in violation of Maryland Rule of Professional Conduct 3.6. First, Gansler told the press that investigators had matching sneaker prints and were confident the right suspect had been arrested for a murder before the police charged the suspect. Second, Gansler told the press that another murder suspect had shoes consistent with crime-scene footprints, had confessed, and had a criminal record. Third, Gansler told newspapers that he asked the victims’ family members whether he should retry a murderer or offer a plea bargain, then said he was offering a plea deal to which the suspect would have a limited time to respond. Gansler also told the press that the appellate court’s 4-3 reversal of the murderer’s conviction was a results-oriented effort to overturn the death penalty, as well as extrajudicial statements in a fourth case about juveniles allegedly making bomb threats. The state Bar brought a grievance against Gansler. Although Gansler argued that the information was all public, the court found some of Gansler’s statements improper. Gansler appealed.

Rule of Law

Issue

Holding and Reasoning (Battaglia, J.)

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