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Rule 3.3 Candor Toward The Tribunal
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(a) A lawyer shall not knowingly:
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. . .(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.
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(d) A lawyer who receives information clearly establishing that a person other than a client has perpetrated a fraud upon a tribunal shall promptly reveal the fraud to the tribunal.
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The comments to the rule describe what constitutes remedial action:
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When evidence that a lawyer knows to be false is provided by a person who is not the client, the lawyer must refuse to offer it regardless of the client's wishes. . . . Upon ascertaining that material evidence is false, the lawyer should seek to persuade the client that the evidence should not be offered or, if it has been offered, that its false character should immediately be disclosed.
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Yet the introduction of bogus testimony held out as scientific fact (as opposed to the mere religious belief that it is under the most deferential analysis) goes on and on by Christianist counsel. When are the state bars going to start disciplining those like Staver who are knowingly seeking to work a fraud on the Courts time and time again with false testimony and false evidence? It's past time that the constant deference to religious based lies stop.
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