Who determines if a privileged person is a co-conspirator?

The determination of whether a privileged person is a co-conspirator primarily falls under the authority of the supervising attorney. This professional is responsible for evaluating the circumstances surrounding the case and the actions of involved individuals, including interpreting legal standards related to privilege and conspiracy. The supervising attorney assesses the evidence and legal implications, ensuring that the definition of co-conspiracy is applied accurately within the context of the law.

The role of the judge, while significant, is primarily to oversee the legal proceedings and ensure that the case is conducted in accordance with the law rather than to make determinations about the status of individuals as co-conspirators. Similarly, the investigating officer collects evidence but does not have the authority to formalize legal positions regarding co-conspiracy in the way the supervising attorney does. The defense attorney's focus is on representing their client and advocating for their interests rather than making overarching legal determinations about conspiracy statuses.