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Professional Responsibility Keyed to Gillers
Matter of Holtzman
Citation:
78 N.Y.2d 184, 577 N.E.2d 30, 573 N.Y.S.2d 39, 502 U.S. 1009 (1991)Facts
Elizabeth Holtzman, while serving as the District Attorney of Kings County, issued a letter to the Committee on Professional Conduct concerning Judge Irving Levine. She alleged that during a rape trial, Judge Levine had asked the victim to get down on the floor and demonstrate the position she was in during the alleged rape, and made other inappropriate comments. Holtzman released this letter to the media before conducting a thorough investigation. The allegations were based on secondhand information from an assistant district attorney who had not personally witnessed the events. Neither Holtzman nor her staff reviewed the trial transcript, interviewed the judge, the defense attorney, or court personnel who were present during the trial. The allegations were later found to be false or grossly exaggerated.
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