Monday, May 28, 2012

Monopoly On Sanction

The District Attorney for Albany County has been censured by the New York Appellate Division for the Fourth Judicial Department for comments about a judge made in an electronic mail message to a news reporter.

The DA was prosecuting alleged illegal sales of prescription drugs by individuals operating out of a Florida pharmacy. After the judge dismissed charges and disqualified the DA's office, the offending e-mail described the judge's action as a "get out of jail free" card and called the judge's decision a "dangerous loophole."

The court held that the first statement was objectively false and the second reckless and misleading, amounting to conduct prejudicial to the administration of justice.

News10ABC had this report. Timesunion.com had a recent report on an unrelated controversy involving the same DA. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/05/the-district-attorney-for-albany-county-has-been-censured-by-the-new-york-appellate-division-for-the-fourth-judicial-departme.html

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