Prosecutors Walk

We have previously posted information concerning disciplinary cases against state prosecutors in North Carolina that suggests an institutional disinclination to impose bar sanctions. Attached is an order of the Supreme Judicial Court of Massachusetts dismissing charges against two state prosecutors, taking Bar Counsel to task for what is characterized as an unfair attempt to use issue preclusion based on findings in the criminal proceeding. The discussion of the use of collateral estoppel in disciplinary proceedings is an interesting one that deserves scholarly analysis. (Mike Frisch)