Comment by shagie
16 days ago
They're still a lawyer. Getting disbarred often means the end of their professional career. So file a bar complaint.
https://arcourts.gov/professional-conduct
https://opinions.arcourts.gov/ark/cr/en/item/1868/index.do#!...
Rule 3.8. Special Responsibilities of a Prosecutor.
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
...
COMMENT
[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to the Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal prosecution and defense. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4.
Isn't the onus of proving the violation is on the complaint? So now she has to fight two cases and one of them is against someone who wields lot of power in the other case? Not saying we shouldn't hold the prosecutors' feet to fire but there are practical considerations.
A bar complaint isn't something you fight. It's a strongly worded letter to their manager that may have professional consequences.
One complaint may not have a "they're disbarred". It could result in a slap on the wrist and a note in their file. Multiple ones that show a system of abuse of discretion would be a different story - that would be handled by the state bar itself.