September 6, 2007
Can the recent spate of bar ethics cases against criminal prosecutors be fairly characterized as a trend? The Illinois ARDC recently filed charges against the State's Attorney for Wayne County for alleged failure to disclose information relating to the credibility of a state cooperating witness, falsely representing to the court the nature of a prior conviction in order to avoid impeachment of a state witness, permitting false and misleading testimony and making false statements in closing argument. The ensuing conviction was overturned.
This case may be worth watching for people (myself included) who have a sense that criminal prosecutors have been treated with special kindness and consideration in the bar disciplinary process. (Mike Frisch)
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A potentially interesting study should compare the overzealousness of State Bar prosecutors to their criminal law brethren. The generally available interim sanctions enables overzealous conduct by cowing serious legal contests.
Posted by: Stephen R. Diamond | Oct 30, 2007 2:14:42 PM