Landers

*295 The trial court imposed a $950 sanction on Deputy Public Defender Manohar Raju, counsel for defendant Adrian Landers in a two-defendant joint criminal trial, for violating a reciprocal discovery order. The court found that Raju failed to disclose to the People the name and statements taken from Talika Fletcher, a witness called by Landers's co-defendant, Dylan Lemalie.

Raju contends the sanction order was improper because he never intended to call Fletcher at trial, and in fact did not call her. Rather, he contends, he relied on a state-of-the evidence defense for Landers, putting on no affirmative defense case and eliciting what he needed through cross-examination of various witnesses, one of whom was Fletcher. We conclude Raju did not violate the reciprocal discovery order, and accordingly, shall reverse the sanctions order.

I. BACKGROUND

A formal sanctions order of any kind necessarily tarnishes an attorney's reputation, the most precious professional asset any member of the bar possesses. ( Cooter & Gell v. Hartmarx Corp. (1990) 496 U.S. 384 , 413, 110 S.Ct. 2447 , 110 L.Ed.2d 359 (conc. & dis. opn. of Stevens, J.) ( Cooter & Gell ).) Just as it is the duty of the…