Prosecutors present cases on behalf of a regulator before a hearing committee or tribunal. These hearings are similar to a court trial except that the judge and jury are a committee of professional representatives and public appointees. Because regulators usually operate under a statute and in the public interest, prosecutions need to be conducted at a high level of fairness and sensitivity. Prosecutions involve the following:
- Assessing whether the evidence supports a reasonable prospect of a finding;
- Identifying additional witnesses and documents that must be obtained;
- Making full and proper disclosure to the member being disciplined;
- Exploring reasonable alternative resolutions to a hearing;
- Preparing witnesses for the hearing;
- Researching legal issues and appropriate sanctions;
- Presenting the evidence and arguments at a hearing; and
- Responding to or presenting any appeals.