Monday, February 18, 2008

Unauthorized Prosecutor

We reported an order of the Minnesota Supreme Court in a February 7 blog post involving an attorney who had engaged in unauthorized practice for 20 years. HowAppealing now updates the situation by linking to an article in the Minneapolis Star Tribune (registration required) that reports that the attorney in question was an Assistant Hennepin County Attorney who was spending those years prosecuting criminal cases. There appears to be criticism of the court's sanction (reprimand with two years unsupervised probation) as unduly lenient under the circumstances. (Mike Frisch)

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Is there an argument to be made that convictions obtained by an "unauthorized" prosecutor are subject to challenge? My guess, knowing nothing about MN law, is that the prosecutor would be deemed, if nothing else, a "de facto" officer and therefore eligible (if that's the right word) to seek convictions.

Posted by: wm. tyroler | Feb 18, 2008 8:54:50 AM

I am familiar with a number of cases that refused to grant relief to convicted defendants who had been represented by lawyers suspended for administrative reasons such as non-payment of bar dues.

Posted by: Mike Frisch | Feb 18, 2008 10:19:55 AM

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