Prosecutors Are So Dreeeeeeamy!

From the TDCAA forums, via Grits:

Hi, everyone. Some of you know me from my days prosecuting statewide for the AG’s Office. I took a new position about year ago with the Office of Chief Disciplinary Counsel. Among other things, I am responsible for seeking compulsory discipline against any Texas attorney convicted of certain crimes; these include any felony of moral turpitude and all theft, barratry,and embezzlement cases. We do a pretty good job of learning of these cases and taking action, but as you can imagine, it is difficult to keep up with what every county in the state is doing. If you would, please contact me whenever you have convicted an attorney of one of these crimes, or even if you just know of someone who has been convicted. It will help us do our job better to make sure we don’t have attorneys out there practicing who have no business doing such. If you’re unsure whether a crime meets our definition please contact me and we can discuss it. Thanks so much! I still think prosecutors are the best bunch of people around and I am proud to know so many of you! Keep up the great work!

This explains why it’s so hard to get a grievance sustained against a prosecutor: even when they lie, cheat, hide evidence, and send unethical letters to people represented by counsel, they’re still the best bunch of people around.

And, really, can anyone expect a prosecutor groupie aggressively to enforce the disciplinary rules against the best bunch of people around?


0 responses to “Prosecutors Are So Dreeeeeeamy!”

  1. I agree. I’ve never seen a TDCAA post calling out other prosecutors, or posting their picture online for ridicule.

    If we are more critical, why? Capitalism (fighting for clients), the nature of solo practitioners, angry because we don’t get badges…..?

    • The nature of solo practitioners (we don’t see ourselves as being part of a team), maybe. Higher ethical standards, probably. More time to think about ethics, definitely.

  2. We also have a higher responsibility — our clients are individuals, not the State. We want to see people defended well. So when we see a case lost that should have been won, we feel the pain of the Defendant, being imprisoned needlessly, losing his family, his home, his freedom, etc. For most of us, that is visceral.

    I don’t think a prosecutor has the same feeling when watching a pothead walk. Most cases represent victimless crimes, after all — and even when they don’t, the ADAs don’t represent the victims, but the State. So we have a greater incentive to police each other.

  3. I practice in Michigan. Here, the judge, the prosecutor, the defense attorney, and the defendant, each have an ethical duty to report convictions of attorneys, for any criminal offense, however minor, to the State Bar Grievance Administrator. Failure to do so is itself a offense that subjects the non-snitching attorney to discipline.

  4. Sure it’s self-congratulatory but do you realize how petty it is to fret about stuff like this? Besides, we all know the defense bar NEVER engages in mastubatory self glorification, you know, the whole “we’re so noble, we defend the despised,” yadda, yadda, “To Kill a Mockingbird,” yadda, yadda.

    Yawn. Most folks rightly hold most lawyers in well-deserved contempt for their god complexes.

  5. And, really, can anyone expect a prosecutor groupie aggressively to enforce the disciplinary rules against the best bunch of people around?

    Depends, I guess, which definition of “expect” we’re using. In the sense of “predict,” nah; “consider reasonable or due,” well, yeah.

  6. I’m of the opinion that most or all attorney regulation systems prosecute cases –notwithstanding the Rules– only when:(1) the respondent-attorney falls behind in child support; or (2) their is a political animus; or (3) there has been significant media attention and the facts would generally warrant discipline; or (4) there was a fiduciary duty owed by the respondent-attorney to the complainant.


Leave a Reply

Your email address will not be published.