dissenting, with whom CARDINE, Justice, partially joins.
The court’s decision to justify the motion in limine obtained by the prosecution, as well as to accept prosecutorial misconduct in a criminal case as an acceptable norm prompts this dissent, and a third issue involving the requirements of the appeal record merits separate discussion.
Motion In Limine Granted to the Prosecution
The court determines that reversible error did not occur from the prosecutor’s use of the motion in limine to exclude reference to the arrest or charges against the State’s witness, Mark Koenig, which arose from the same transaction as the charges against Mrs. Lindsey. The court justifies the exclusion by determining that the appellant had failed to show that the evidence was relevant or that its exclusion prejudiced her right to a fair trial. The court discusses whether the charges against Koe-nig justified or excused appellant’s conduct, but that is not the problem. Appellant’s confrontation-clause rights1 have been violated, because she was prevented from developing on cross-examination the possible or probable bias of the State’s witness, who had faced criminal charges arising from the same incident in which appellant was charged. After all, Koenig without question violated the criminal law by impersonating an officer before any contested conduct of appellant occurred.
This court most recently discussed the confrontation issue in Story v. State, Wyo., 721 P.2d 1020 (1986):
“Rule 611(b), W.R.E., allows cross-examination that exceeds the scope of direct as long as it goes to the credibility of the witness. And, under some circumstances, the confrontation clause guarantees the defendant’s right to engage in cross-examination on credibility issues. [Citations] In order to preserve error under Rule 611(b) or the confrontation clause, the defendant must make an offer of proof showing how his proposed cross-examination will impeach the witness’s credibility.” 721 P.2d at 1034.
We went on to explain in Story v. State, supra, that an offer of proof is not always necessary.
*659“Once [the State’s witness] had testified on rebuttal, it became ‘apparent from the context within which [the] questions were asked’ that defense counsel’s inquiry into [the witness’] employment history was intended to attack her credibility. The trial court would have erred if it had prevented this inquiry even though appellant made no offer of proof. See Rule 103(a)(2), W.R.E.” (Emphasis added.) 721 P.2d at 1034.
In this case the purpose of questioning Koenig about the charges against him was clear to the judge. Both counsel and the judge discussed in some detail whether or not the State’s witness, Mark Koenig, was biased because he had been charged with impersonating an officer in connection with the incident for which Mrs. Lindsey was on trial. Rule 103, W.R.E., states in part:
“(a) Effect of erroneous ruling. — Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and
* * * * * *
“(2) Offer of Proof. — In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.”
The Wyoming committee note which appears as a footnote to Rule 103, W.R.E., specifically provides that an offer of proof at trial is not necessary in this case:
“Under Rule 103(a), it is not necessary to re-offer evidence which has been suppressed by action of the court on a pretrial motion, such as a motion in limine or a motion to suppress * * (Emphasis added.)
The trial court determined in discussion of his decision to grant the State’s motion
in limine that “[t]he fact of there having been an arrest or charge against a witness neither makes that witness any more or less credible.”2 But Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974), holds otherwise:
“The partiality of the witness is subject to exploration at trial, and is always relevant as discrediting the witness and affecting the weight of his testimony, 3A J. Wigmore, Evidence, § 940, p. 775 (Chad-bourn rev. 1970). We have recognized that the exposure of a witness’ motivation in testifying is a proper and important function of the constitutionally protected right of cross-examination.” 415 U.S. at 316, 94 S.Ct. at 1110.
In Davis v. Alaska, supra, the fact that the witness was on probation for a prior juvenile crime was sufficient to invoke the Sixth Amendment right of confrontation on that issue. In this case, the fact that Koe-nig was charged with a crime arising from the same incident for which Mrs. Lindsey was on trial is even more supportive of her constitutional right to cross-examine Koe-nig.
The Wyoming Supreme Court has previously accepted the view that the Davis v. Alaska holding is limited to the showing of bias or prejudice, Salaz v. State, Wyo., 561 P.2d 238 (1977); Connor v. State, Wyo., 537 P.2d 715 (1975), but bias and prejudice are the precise concerns involved in Koe-nig’s testimony.
The State’s motion in limine should have been denied, and appellant allowed to exercise her Sixth Amendment right to cross-examine Koenig about his arrest for impersonating an officer in connection with the incident for which she was on trial (which was, in effect, for making a citizen’s arrest of two people, one of whom was imperson*660ating an officer and both of whom were in a hassle with her teen-age relatives).
Prosecutorial Misconduct in Disregard of Discovery Order
Prosecutorial misconduct reflected in violation of the trial court’s discovery order was well defined by the trial court critique:
“Well, all that I can say, [Mr. Prosecutor], * * * I wish that there was a way that I could express the absolute disgust that this court is developing. Do you realize that in virtually every single case that comes over here, suddenly there’s an audio tape that * * * we didn’t show the defense, suddenly there’s a video tape that we didn’t show them, now there’s a report, * * * now there are two reports and a statement that we didn’t show them. You and your office have no credibility with this court when it comes to compliance with discovery. I’m sorry. And yet there’s no more blunt way that I can put it than that.”
I question that this court meets its responsibility under Art. 5, § 2 of the Wyoming Constitution by continuing to countenance this kind of deliberate prosecutorial misconduct. See Abramovsky, A Case Against Automatic Disbarment, 13 Hastings Const.L.Q. 415 (1986).
“The prosecutor occupies a unique role in a legal system predicated generally on individual representation. The prosecutor does not represent the victim of a crime, the police, or any individual. Instead, the prosecutor represents society as a whole. His goal is truth and the achievement of a just result. The distinction between the roles of competing advocates in a criminal case was articulated by Justice White, joined by Justices Harlan and Stewart in their concurring and dissenting opinion in United States v. Wade [388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967)].
“ ‘Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. The State has the obligation to present the evidence. * * * ’
“The difference in our roles as advocates derives from the degree of our authority and the disparity of our obligations. Defense counsel’s legitimate and necessary goal is to achieve the best possible result for his client. His loyalty is to the individual client alone. The prosecutor, however, enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of ‘The People’ includes the defendant and his family and those who care about him. It also includes the vast majority of citizens who know nothing about a particular case, but who give over to the prosecutor the authority to seek a just result in their name.” Commentary, On Prosecutorial Ethics, 13 Hastings Const.L.Q. 537-539 (1986).
Possibilities of disbarment, suspension, reprimand, or only unkindly opinion comment seem to be insufficient deterrents in operational fact. The finite, final and constitutional responsibility is vested in this court, pursuant to the Wyoming Constitution.
If this court would face the hard reality that it alone should and does set the minimum standard for prosecutorial behavior by summary reversal, then the continuing education process of ethics and court order compliance would be quickly learned.
This is a good case to set that standard by summary reversal. Factually, one *661might wonder why Mrs. Lindsey was ever prosecuted under the circumstances. Certainly others in a similar circumstance might react as Mrs. Lindsey did. Lacking malum in se, if not malum prohibitum, a retrial with all of the facts presented would not be an unduly arduous responsibility for the justice system of Natrona County.
This court begs the question when it states that prejudice is required in order to enforce court orders and rule requirements. Compliance should be the norm and prejudice automatically recognized in court order violation. Certainly prejudice does occur when a rule or court order is ignored by an attorney in order for him to gain a litigative advantage. Of deeper concern is the damage to the concept of the justice delivery system when the highest court countenances rule or court order violation in order to affirm criminal convictions.
On the record, the prosecutor deliberately withheld material which was subject to court ordered disclosure, and the modest continuance in no way exercised suitable corrective responsibility or provided a fair opportunity for defendant to properly prepare and present her defense. The re-do requirement in response to the do-it-right standard should not be ignored in this court’s supervisory responsibility to guarantee the individual’s right to a fair trial within constitutional mandates. Standards should be expected, not violations excused.
To rectify the problem in this case the trial judge granted a continuance only until the next morning. Repeated violations of discovery should be addressed in a manner which will effectively discourage future violations by the prosecutor. The minimal sanction of a brief continuance which was imposed in this case will not likely deter the prosecutor’s propensity to violate procedural and constitutional rights of defendant or, more importantly, afford an adequate opportunity to defend. See this author’s dissent in Gentry v. State, 724 P.2d 450 (1986).
Tape Recording As Appellate Record
The third concern I have, although not as a concern for reversal, is a statement in the majority opinion that it has been this court’s long-standing policy that a verbatim written transcript rather than a tape recording should be provided to this court “if claims of error are asserted based upon matters in the record and no statement of the case has been prepared in accordance with Rule 4.03, W.R.A.P.”
At the present time court reporters will not normally be found in county court trials or in governmental body proceedings and many agency or commission sessions. Appeal is normally to the district court, wherein the intermediate appellate decision will be rendered except in cases of direct certification by the district court to this tribunal where permitted under the agency appeal authorization proceedings of our current rules of appellate practice.
A transcript is not required, absent extraordinary circumstances, for appeals to the district court from the decisions of a county court, justice of the peace court, or municipal court. Rule 4.02, W.R.A.P.C.L.J. The majority opinion cites Rule 4.02, W.R. A.P. for the proposition that failure to transcribe tape recordings for the Wyoming Supreme Court would, however, be grounds for not considering them. It is not clear to me that Rule 4.02, W.R.A.P. stands for that proposition, and on a number of occasions in my brief and certainly not conclusive experience on the court, tape recordings have come to us as part of the record and, though not transcribed, have been used in the process of opinion preparation, indicating that adherence to the rule may have been selective.
I discuss this issue at this time by virtue of the extensive treatment afforded by the majority. My concern is whether it would be preferable to secure an explicit rule from the Permanent Rules Advisory Committee for adoption by this court.
If it is now determined that no tape recording will be an acceptable instrument for record preservation in an appeal to this court, then little reason is found to put the *662district court to the trouble of listening to extended tapes, at least in any case where a succeeding appeal to this court might reasonably be expected. In other words, by our absolute rule we probably create a general written-transcript requirement for the district court.
Since, during my short tenure on this court, tape recording usage has posed no particular additional problem once a machine can be found of the proper kind for replay, I personally do not feel burdened by this alternative means of preserving a record. Tape recording saves time, is efficient, and is particularly accurate. However, if it is now to be the fixed rule that tape recordings will not be accepted by this court, then some understanding and guidelines should be developed in conjunction with the Judicial Conference as an aspect of the Uniform Rules for the District Courts of the State of Wyoming.
Cases cited by the majority are not particularly supportive of “a long-standing policy of this court” to require a transcript. Salt River Enterprises, Inc., v. Heiner, Wyo., 663 P.2d 518 (1983), discusses the rule that trial transcripts must contain a court reporter’s certificate to be properly authenticated and considered by this court, as do In re Basin State Bank, 43 Wyo. 1, 296 P. 1074 (1931); and Northwestern Terra Cotta Company v. Smith-Turner Hotel Company, 47 Wyo. 190, 33 P.2d 915 (1934). The issue in each of these cases was authentication of the transcript or record on appeal and not whether a transcript was in fact required (in lieu of a tape recording or otherwise).
With one exception, the other past writings of this court and cases cited do not afford a different conclusion. The one exception is a footnote in City of Evanston v. Whirl Inn, Inc., Wyo., 647 P.2d 1378 (1982), wherein Justice Raper, discussing minutes of the city council, said:
« * * * fac£g as here indicated were disclosed during the course of the trial de novo. An envelope containing a cassette tape recording of the meeting is included in the record. However, this court requires a transcript of proceedings. Accordingly, our reconstruction of those hearings comes from the evidence taken in the district court. Rules 4.02 and 12.-04, W.R.A.P.” 647 P.2d at 1381 n. 3.
In Nix v. Chambers, Wyo., 524 P.2d 589 (1974), and in Wydisco v. McMahon, Wyo., 520 P.2d 218 (1974), no record of any kind was available upon appeal. In Minnehoma Financial Co. v. Pauli, Wyo., 565 P.2d 835, 838 n. 1 (1977), we said:
“This is not a case like Wydisco, Inc. v. McMahon [supra], or Nix v. Chambers, [supra], where there were no transcripts or statements of evidence. Here we have all of the evidentiary documents which were presented to the district court. We can generally determine from the evidence and other pleadings contained in the record, the issues sought to be raised by appellant.”
In Stanton v. State, Wyo., 692 P.2d 947, 948 (1984), in speaking about the record, we noted:
“Apparently there was no objection lodged concerning [the prosecutor’s] statement and for that matter the statement itself does not appear as part of the record; however, there is no denial that it was actually made.2
“2 The tape recording containing this remark was not forwarded to this court as a part of the record on appeal.”
Preferably to me, this court should resolve any uncertainties by a clear court rule, coordinated with our intermediate appellate tribunals — the district courts. Taking the record on Supreme Court appeal as it was considered by the district court on its appeal does have economic justification in the justice delivery system.
In any event, I would remand the case for a new trial.
. The Sixth Amendment to the United States Constitution states in part:
“In all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against him * * *."
. This is patently not justified by casual knowledge of human behavior or exhaustive psychological research. Generically it can be said that "intended self interest equates to questionable veracity.” This is the reason that inculpatory custodial confessions are so inherently unreliable that they cannot fall within a traditional hearsay exception such as a declaration against interest. See Ponsoldt and Steering, Accomplice Accusations in the Criminal Process: The Application of Sixth Amendment Tests for the Reliability of Hearsay Evidence to Probable Cause Determinations, 16 Rutgers L.J. 869 (1985). See also Lee v. Illinois, — U.S. -, 106 S.Ct. 2056, 90 L.Ed.2d 514 (1986).