(1)1.1 Duty of Care

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(1)1.1 Duty of Care

It is the duty of every lawful actor to exercise their authority with due care and responsibility. This duty includes the obligation to protect public safety, preserve life and property, and act in furtherance of the interests of justice.

A lawful actor shall not exercise authority in a manner that is arbitrary, excessive, retaliatory, or intended to harass, degrade, or impose punishment beyond that authorized by law. All actions taken under color of law shall be reasonable, proportionate, and directly related to a legitimate and lawful governmental purpose.

(1)1.1.2 Duty to Protect Public Safety

(a) Every lawful actor has an affirmative duty to protect public safety in the exercise of authority under this code. This duty includes taking reasonable and lawful action to prevent harm, mitigate danger, and respond to threats to persons or property within the scope of the actor’s authority.

(b) In fulfilling this duty, a lawful actor shall act with reasonable care, proportionality, and regard for human life, and shall balance the need for immediate action against the rights and liberties of affected persons.

(c) A lawful actor shall not knowingly disregard a substantial and unjustifiable risk to public safety when acting under color of law, except where inaction is required or justified by law.

(d) Nothing in this section shall be construed to diminish or delay the rights of any criminal defendant held in custody. All lawful actors shall ensure the prompt provision of medical, dental, and mental health care upon request, consistent with the Defendants' Bill of Rights as set forth in Section (4)1.7 of this code.

(1)1.1.3 Duty of Competent Counsel

(a) Confidentiality: Counsel shall preserve the confidentiality of all information relating to the representation of a client, regardless of the source of such information, and shall not disclose such information except as authorized by the client or required by law.

(b) Exemptions from Confidentiality: Confidential information may be disclosed only to the extent reasonably necessary to:

  • Comply with a lawful court order or statutory requirement;
  • Prevent reasonably foreseeable death, serious bodily harm, or substantial injustice;
  • Defend against allegations of misconduct arising from the representation; or
  • Effectuate the lawful objectives of the representation with the informed consent of the client.

(c) Duty to Represent Competently: Counsel shall provide competent representation, which requires the legal knowledge, skill, thoroughness, preparation, and diligence reasonably necessary for the representation.

(d) Duty to Represent Accurately: Counsel shall not knowingly make false statements of fact or law to a court or other legal authority, fabricate or falsify evidence, or intentionally misrepresent material facts. Nothing in this subsection shall prohibit counsel from advancing good-faith legal arguments, alternative theories, or defenses supported by the record or reasonably inferred therefrom.

(e) Duty of Loyalty and Independence: Counsel shall act with undivided loyalty to the client and shall exercise independent professional judgment free from conflicts of interest, undue influence, or improper external pressure.

(f) Duty to Communicate and Advise: Counsel shall keep the client reasonably informed about the status of the matter and shall explain legal proceedings, rights, risks, and options to the extent necessary to permit informed decision-making.

(g) Prohibition on Ineffective or Bad Faith Representation: It shall be unlawful for counsel to provide representation in bad faith, to intentionally render ineffective assistance, or to abandon a client without lawful justification or court approval.

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