More Golden Hearts

Trump persists, with enabling hands, in error.  That is, as he would say, Sad!  I have something else I want to note today, a decision handed down this morning by the Utah Supreme Court.  In State v. Francis, 2017 UT 49, the Court decided when a plea offer becomes binding on the prosecution -- is it, like a contract, a matter of offer and acceptance, or is there something more that is required?  The Court decided for the latter: the agreement is binding when the plea is accepted by the trial court, or the defendant relies to his or her detriment on the agreement (by providing evidence, for example).  The prosecution and defense can agree on the plea, execute an agreement, and the prosecution still change its mind and cancel the deal, or decide to rewrite the whole thing, so long as the defendant has not done anything involving detrimental reliance, or, to be a little clearer, detrimental reliance that is prejudicial to the defendant.  No need to worry about bait and switch, or serial negotiations, because, as the Court notes at the end of footnote 22: "playing games with plea agreements would violate Utah Standard of Professionalism and Civility 9 -- 'Lawyers shall not hold out the potential of settlement for the purpose of foreclosing discovery, delaying trial, or obtaining other unfair advantage...'.  Not noted by the the Court is that the Standards of Professionalism and Civility are aspirational.  Violations of the Standards of Professionalism and Civility can result in being reported to a committee which has the power to suggest counseling and education.  Violations of the Standards are not misconduct under the Rules of Professional Conduct.  Not that it would matter if they were.  Comments to the Rules provide that a Bateson violation by a prosecutor --  intentional violation of the Constitution by striking potential jurors on the basis of race or sex -- is not discriminatory conduct under the Rules.  A court finding of intentional racial discrimination is not enough for sanctions.  Anyway, only one prosecutor has been disciplined in the last 17 years in Utah.