01-1

The issue is whether defense counsel for an accused may communicate with law enforcement personnel investigating a matter without the consent of the prosecutor. A lawyer acting as defense counselor an individual accused of a crime was advised by the county attorney prosecuting the case that defense counsel may not communicate with law enforcement officers who investigated the matter without consent of the prosecutor. The Advisory Committee concluded that it is unethical for a prosecutor to deny defense counsel access to law enforcement officers who are witnesses to or who investigated matters which are the basis for the charges against the defense counsel's client.