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facts using ethical concepts or concerns from Module 8. (You are not evaluating elements of rape or due process issues for example.) Assuming that Schultz had a strong belief that the defendants were guilty, include in your analysis whether this affects the moral and legal permissibility of his conduct.The main issue.Whether there is a “violation of the Code of Judicial Conduct.” For District Attorney Schultz hiding information of the stripper having sexual encounters with 2 other men the night of the alleged raping.Relevant legal concepts quoted from textbook court opinions.The West Virginia Code of Judicial Conduct, in Canon 3E(1), prohibits any judge from participating in any proceeding where “the judge’s impartiality might reasonably be questioned. This applies to this case because Shultz wants to win this case to get re-elected anbecause of this, impartiality is no longer valid.Relevant case law quoted from the textbook.Hugh M. Caperton v. A. T. Massey Coal Company, Inc.129 S. Ct. 2252 Supreme Court of the United States June 8, 2009Rationale.Typical codes of conduct for lawyers and judges will express concerns about competency, confidentiality, loyalty, honesty, candor, fairness, and avoiding conflicts of interest. In this case there is relevant information being withheld by the D.A Shultz in an effort to try and winthis case in order to help his chances of getting reelected. “no man is permitted to try cases where he has an interest in the outcome.” There is a clear interest by Schultz in the outcome of this case that may influence his honesty.
Keys CRM 123 Case Analysis 5RulingShultz should present the information about the other sexual encounters on the night of the alleged raping, because as a lawyer he should be more concerned with a fair trial than winning.