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C2rdau4 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
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