Prosecutor Misconduct No. 1702418251 - 1296605772

Linda Stanley

Date of Offense

May 15, 2021

Offense(s)

Reporting Authority

This complaint has been forwarded to the Colorado Bar Association

Supporting Document(s)

State recommends discipline against DA Linda Stanley, alleges she violated 7 rules of conduct for attorneys _ KRDO.pdf

Statement

The document, filed with Presiding Disciplinary Judge Byron Large, claims that DA Stanley violated seven "rules of professional conduct for attorneys" by speaking publicly about multiple open criminal cases, including that of Barry Morphew, violating mandatory evidence disclosures to defense attorneys, and attempting to investigate a sitting judge without criminal evidence backing it up.

The OARC claims Stanley violated the following rules of professional conduct for attorneys:

  • A Lawyer Shall Act with Reasonable Diligence and Promptness—Colo. RPC 1.3
  • Pretrial Publicity—Colo. RPC 3.6(a)
  • Prosecutor’s Extrajudicial Comments—Colo. RPC 3.8(f)
  • Responsibilities of Supervisory Lawyer—Colo. RPC 5.1(a) and (b)
  • Attempt to Violate the Rules of Professional Conduct and Conduct Prejudicial to the Administration of Justice—Colo. RPC 8.4(a) and Colo. RPC 8.4(d)
  • Pretrial Publicity—Colo. RPC 3.6(a)
  • Prosecutor’s Extrajudicial Comments—Colo. RPC 3.8(f)

The last two pre-trial publicity and extrajudicial comments allegations stem from an on-camera interview Stanley gave to KRDO13 Investigates in July 2023 about the death of a 10-month-old child in Cañon City and the subsequent murder case filed against William Jacobs.

Definition of Offense(s)

Attorney Misconduct

Prosecutorial misconduct refers to actions by a prosecutor that are unethical, illegal, or violate the rights of a defendant.

Read more >>>

Cooperative Misconduct

Cooperative misconduct refers to a situation where the prosecutor collaborates or conspires with another party, such as the police, to commit misconduct. This type of behavior can include suppressing evidence, withholding information, or engaging in unethical tactics to secure a conviction.

Read more >>>

Extra Judicial 'Administrative' Sanctions

Read more >>>

Failure to Disclose Brady/Giglio Material

Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.

Read more >>>

Judicial Proceedings

Judicial proceedings type of prosecutor misconduct refers to unethical or illegal actions taken by a prosecutor during the course of a trial or other legal proceeding.

Read more >>>

Obstruction of Justice

Obstruction of justice by a prosecutor refers to actions taken by a prosecutor to interfere with the administration of justice, such as hiding or withholding evidence, lying or making false statements in court, or engaging in other behavior that undermines the fairness and integrity of the legal

Read more >>>

Overcharging

"Overcharging" refers to a prosecutor bringing excessive or unwarranted charges against a defendant in a criminal case. This can occur when a prosecutor deliberately or recklessly charges someone with more crimes or more serious crimes than the evidence supports.

Read more >>>