WASHINGTON - TelAve -- Although creating possible confusion by promoting the candidacy of an unknown person with the same last name as the legitimize Republican candidate for senator in Alaska does not appear by itself to be a crime, lawyers for Democratic candidate Mary Peltol's campaign or the DSCC could face disbarment for violating ethical requirements which hold attorneys to higher standards than the criminal law, says a public interest law professor who has filed several successful lawyer disciplinary complaints.

Even though Attorney General Todd Blanche, who filed a lawsuit which would challenge the election if a Democrat won, has stated that "there could be a crime,"  and DOJ reportedly issued grand jury subpoenas regarding the same-name candidate's motives for running in the Alaska primary, Professor John Banzhaf agrees with virtually all other legal experts - including those who are conservative and/or support Republicans - that simply trying to confuse voters in this way is not by itself a crime.

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Moreover, the mere issuance of subpoenas does not indicate, as is usually does, that a judge has found probable cause to believe that a crime has been committed, since subpoenas issued by the grant jury do not require the approval of a judge.

But any lawyers who participated in what political operatives call a "ballot composition project" aimed at confusing voters could face disbarment if they knowingly participated in or assisted in deceptive conduct intended to mislead voters, or made or failed to correct certain material false statements. For example:

The Alaska Rules of Professional Conduct (modeled closely on the ABA Model Rules provide [Rule 8.4] that it is professional misconduct for a lawyer to engage in "conduct involving dishonesty, fraud, deceit, or misrepresentation that reflects adversely on the lawyer's fitness to practice law."

They also provide [ Rule 4.1] that "In the course of representing a client a lawyer shall not knowingly:

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(a) make a false statement of material fact or law to a third person; or
(b) fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client."

In addition, Rule 8.3 (Reporting Professional Misconduct) mandates that "a lawyer who knows another lawyer has committed a violation raising a substantial question as to honesty, trustworthiness, or fitness shall inform the appropriate authority (subject to confidentiality limits)."

Although many crucial facts are not yet known, it is likely that lawyers involved in this election scheme, like lawyers involved in other prior election schemes, will have their ability to continue to practice law challenged, says Prof Banzhaf.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf