When a prosecutor lies or withholds exonerating evidence why doesn’t a bar association revoke a prosecutor’s license or sanction them?

When a prosecutor lies or withholds exonerating evidence why doesn’t a bar association revoke a prosecutor’s license or sanction them?

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  1. If you’re a *very good* crooked lawyer, it’s *very hard* to prove it, even with an inquiry. It takes a lot to prove malfeasance and even then, good crooked lawyers have good crooked lawyer buddies. They might lose the right to practice law in their country, but that doesn’t mean they can’t earn money by *advising* people how to avoid criminal prosecution

  2. Because most criminal courts are biased towards the prosecution. Most judges are elected and people elect judges who will be “tough on crime.” Many judges are former prosecutors.

    We just recently had this issue in my jurisdiction and filed all the appropriate motions which were all denied via torturously convoluted and self-serving logic on the part of the judge. The argument was basically “well, since you know now, what’s the problem?”

  3. Prosecutors never lie, they err. Making mistakes is not unlawful, especially if you have a counter argument that the law doesn’t specify that you are required to disclose exculpatory evidence. One must remember the law is highly interpretive with the courts given by out the lessons.

  4. Some of my follow ups if I get answers.

    Does a bar association even have the authority to sanction or revoke an attorney’s license under these circumstances?

    If so why do bar associations not act and who are they comprised of? If not why not and who does?

  5. If they were caught and reported they likely would be sanctioned and potentially disbarred. It’s very difficult to prove something exists if it’s under the control of a party with an interest in proving it doesn’t. Are you referring to a specific incident/series of incidents?

  6. Brady violations are difficult to detect, usually only uncovered years later on appeal. Even when a court makes a finding that there was a willful violation it is rare that the court will then go on to make a referral to the ethics committee.

    As a defense attorney this really irks me. We can get hit with sanctions and disbarment for much less egregious conduct, and have to pay for malpractice insurance, while prosecutors feel practically no heat. And frankly, it shows in their work.

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