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Extraction Summary
1
People
2
Organizations
0
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
435 KB
Summary
This document is a court transcript from a cross-examination of a Mr. Berke, filed on March 22, 2022. An unnamed questioner presses Mr. Berke on whether an attorney has an ethical obligation to report juror misconduct to the court. Mr. Berke consistently avoids a direct yes-or-no answer, stating it's a complex ethical and legal question and that his practice is to consult the relevant ethics rules when such issues arise.
People (1)
| Name | Role | Context |
|---|---|---|
| Berke | Witness/Testifier |
Referred to as Mr. Berke, he is the individual being cross-examined about an attorney's ethical obligations.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| the Court | government agency |
Mentioned as the body to which juror misconduct should be reported.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
The court reporting agency that transcribed the proceeding, listed at the bottom of the page.
|
Timeline (1 events)
Mr. Berke is questioned under oath about an attorney's ethical obligations regarding juror misconduct.
Court
Mr. Berke
Unnamed Questioner
Relationships (1)
Unnamed Questioner
→
professional
→
Mr. Berke
The document shows a formal question-and-answer session in a legal setting (cross-examination), where the questioner is probing Mr. Berke's professional knowledge and stance on an ethical issue.
Key Quotes (3)
"You're asking me an ethical question, a legal opinion."Source
— Mr. Berke
(His initial response to being asked about an attorney's obligation to report juror misconduct.)
DOJ-OGR-00010110.jpg
Quote #1
"I can't answer that yes or no. I can answer it, but I just can't answer it yes or no."Source
— Mr. Berke
(His response when pressed to give a simple yes or no answer to the question about reporting misconduct.)
DOJ-OGR-00010110.jpg
Quote #2
"I will tell you that I have never confronted that issue at trial in any trial I have done; that whenever I have an issue that I think raises an ethical issue, I always do the same thing. I always look to the ethics rules."Source
— Mr. Berke
(Explaining his process for handling ethical questions instead of providing a direct answer to the hypothetical question.)
DOJ-OGR-00010110.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,446 characters)
Case 2:20-cr-00083-DAE-N Document 1643-20 Filed 03/22/22 Page 216 of 1717
A-5827
A-5827
C2grdau4
Berke - cross
370
1 forms a belief that a juror has engaged in misconduct, that
2 attorney is obligated to bring the misconduct to the attention
3 of the Court?
4 A. You're asking me an ethical question, a legal opinion. I
5 will tell you this --
6 Q. Can you not answer that yes or no, Mr. Berke?
7 A. Well, I'd like --
8 Q. I'm asking you a question, and I'll repeat it again. Maybe
9 you can't answer it yes or no; tell me if that's the case. If
10 an attorney forms a belief that a juror has engaged in
11 misconduct, do you believe that the attorney has an obligation
12 to bring it to the attention of the court?
13 A. I can't answer that yes or no. I can answer it, but I just
14 can't answer it yes or no.
15 Q. Really? You can't answer that question yes or no? That's
16 your testimony?
17 A. That's not how I would answer that question.
18 Q. Tell us how you would answer that question.
19 A. I will tell you that I have never confronted that issue at
20 trial in any trial I have done; that whenever I have an issue
21 that I think raises an ethical issue, I always do the same
22 thing. I always look to the ethics rules. I always look to
23 the ethics commentary.
24 I'm very familiar with the ethical rules. I'm
25 familiar with my obligations to my client, to the court, my
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
Berke - cross
370
1 forms a belief that a juror has engaged in misconduct, that
2 attorney is obligated to bring the misconduct to the attention
3 of the Court?
4 A. You're asking me an ethical question, a legal opinion. I
5 will tell you this --
6 Q. Can you not answer that yes or no, Mr. Berke?
7 A. Well, I'd like --
8 Q. I'm asking you a question, and I'll repeat it again. Maybe
9 you can't answer it yes or no; tell me if that's the case. If
10 an attorney forms a belief that a juror has engaged in
11 misconduct, do you believe that the attorney has an obligation
12 to bring it to the attention of the court?
13 A. I can't answer that yes or no. I can answer it, but I just
14 can't answer it yes or no.
15 Q. Really? You can't answer that question yes or no? That's
16 your testimony?
17 A. That's not how I would answer that question.
18 Q. Tell us how you would answer that question.
19 A. I will tell you that I have never confronted that issue at
20 trial in any trial I have done; that whenever I have an issue
21 that I think raises an ethical issue, I always do the same
22 thing. I always look to the ethics rules. I always look to
23 the ethics commentary.
24 I'm very familiar with the ethical rules. I'm
25 familiar with my obligations to my client, to the court, my
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010110
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