The following excerpt is from U.S. v. Candler, 133 F.3d 929, 1998 WL 4727 (9th Cir. 1997):
38. Where an attorney commits unethical acts that do not substantially prejudice a defendant, the proper sanction should be action by bar disciplinary authorities rather than a new trial. Cf. United States v. Lopez, 4 F.3d 1455, 1464 (9th Cir.1993) (holding that when there is no showing of substantial prejudice to the defendant, lesser sanctions than dismissal of indictment, such as holding the prosecutor in contempt or referral to the state bar for disciplinary proceedings, can be adequate to discipline and punish government attorneys who attempt to circumvent the standards of their profession).
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