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Complaint against a government lawyer, C6S6 CPRA

Section 6, Canon VI

SECTION 6. Complaint against a government lawyer. – When a complaint is filed against a government lawyer, the Investigating Commissioner shall determine, within five (5) calendar days from assignment by raffle, whether the concerned agency, the Ombudsman, or the Supreme Court has jurisdiction. If the allegations in the complaint touch upon the lawyer’s continuing obligations under the CPRA or if the allegations, assuming them to be true, make the lawyer unfit to practice the profession, then the Investigating Commissioner shall proceed with the case. Otherwise, the Investigating Commissioner shall recommend that the complaint be dismissed. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Complaint against a government lawyer

a. Jurisdiction

Within 5 calendar days from assignment by raffle, Investigating Commissioners have to determine which of the following has jurisdiction over a complaint against a government lawyer:

1) The concerned agency,

2) The Ombudsman, or

3) The Supreme Court.

1) When Investigating Commissioner may proceed

Investigating Commissioners are required to proceed with the case:

1) If the allegations in the complaint touch upon the lawyer’s continuing obligations under the CPRA; or

2) If the allegations, assuming them to be true, make the lawyer unfit to practice the profession.

NB: If neither of the above is applicable, Investigating Commissioners are required to recommend the dismissal of the complaint.

References

Canon I, 2023 Code of Professional Responsibility

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