Ethics Committee Advisory Opinion #1995/96‑8

Collection of Fees in Diversionary Sentencing Program

March 21, 1996

ANNOTATION:

QUESTIONS:

  1. May a prosecutor collect, hold, and distribute fees from defendants charged with alcohol-related violations who have voluntarily agreed to participate in a diversion program?
  2. Does a prosecutor’s clerical and administrative assistance to such a program create an impermissible appearance of impropriety?

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