21 June 2005

Do prosecutors police prosecutors?

1 comment:

Mister DA said...

Yes, as a matter of fact. Given that state prosecutors are almost universally elected, the ultimate review is by that portion of the electorate that bothers to vote. More directly, my boss, the elected PA has filed at least one request for investigation by the state discipline agency of a senior assistant's conduct in a specific matter.

The "peers" involved in any attorney discipline system are clearly whatever discipline authority was put in place by the state. In some states the state supreme court is responsbile, in other, the legislature.

I've seen this case trumpeted before for various reasons and, if I recall correctly, the state bar did commence action against the attorney involved. Whether a seperate, voluntary association choses to submit amici briefs, or even fund a defense, seems to be to be beside the point.

One of out local hot shot litigators got in dutch with the state bar over some intermerate comments he made about certain appellate judges essentially being on the take and being morally bankrupt. When the state trial lawyers assotiation went to bat on his behalf with the discipline agency, no one batted an eye.