Tuesday, June 19, 2007

Prosecutor Prosecuted

As the ethical implications of prosecutorial misconduct has been a topic of interest of late, it is worth noting that a disciplinary case was recently tried in the District of Columbia against a former Assistant United States Attorney accused of improperly paying witnesses in criminal cases. The matter was heard over several days last month and relates to conduct that occured many years ago. The accused lawyer has long been in private practice. I predict that, in sharp contrast to the Nifong matter, this case will take years to resolve. The linked article notes that the alleged misconduct occured in 1994, that the DOJ Office of Professional Responsibility completed its report in 1998 but did not provide it to Bar Counsel until 2002, and that Bar Counsel waited until 2006 to file charges. With any luck, the case will be resolved between 15-20 years after the conduct had taken place. (Mike Frisch)


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