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Vote!
Guest column
Jason Trompbour
Posted: 11/2/06
In an Oct. 20 column, James Zou encouraged Duke students not to vote in the upcoming election in order to ensure "due political and judicial process." As a matter of both civics and law, this advice is seriously misguided. Duke students should make every effort to vote on or before Tuesday, Nov. 7 in order to protect their own rights and to make Durham a more just and ethical place for everyone.
Zou argues that a candidate for district attorney should be evaluated on his entire career rather than a single case. This of course begs the question of how many incidents of manifest injustice are too many for a district attorney. In any event, in my experience as a criminal attorney, prosecutors do not suddenly go bonkers and start engaging in pervasive and willful ethical violations and other misconduct after years of loyal service. Rather, I strongly suspect that what we are seeing now are bad habits and even worse attitudes that Nifong has developed over the course of his career and which are now being illuminated for the first time by the Klieg lights he so desperately sought. Think about how many poor, anonymous people might have been denied a fair trial by Nifong over the years and how many more could be if he is elected.
What are Nifong's apparent missteps? Let us review.
-Prejudicial and false extrajudicial statements in violation of North Carolina Rules of Professional Conduct 3.6 and 3.8(f)
-Denial of the right to due process through a suggestive identification procedure
-Improper contact with persons represented by counsel in violation of Rule 4.2
-Conflict of interest in violation of Rule 1.7(a)(2) due to his political alliance with Mark Simeon, an attorney who has made it clear he wants to profit from a civil suit and has taken steps to pursue one
-Possible obstruction of justice through witness tampering
-Refusal to look for or examine exculpatory evidence in violation of Rule 3.8
The latter is the most serious transgression because it goes to the heart of the public prosecutor's role in the legal system. The comments to Rule 3.8 state "A prosecutor has the responsibility of a minister of justice and not simply that of an advocate; the prosecutor's duty is to seek justice, not merely to convict."
Nifong's sense of impunity is also disturbing. Even the school-yard bully is smart enough to stop hitting the other kids when someone is watching.
Zou complains that the Committee to Recall Nifong-Vote Cheek has received contributions from donors outside of Durham County. Yes, we have all heard Nifong make this complaint. Nifong habitually attempts to exploit or create some prejudice within the community. Nifong, however, has also received contributions from outside the state and the co-chair of his citizens' committee lives outside the county. It is no accident that the spokesperson for Committee to Recall Nifong-Vote Cheek reported that many of its out-of-state contributions have come from lawyers.
Lewis Cheek is a real and not a "dummy" candidate as Zou says. Cheek has made it painfully clear that he does not want to and, indeed, feels that he cannot serve as district attorney. He simply does not want Nifong to be district attorney. Cheek's motives are purely altruistic. They involve no benefit and much political risk to himself. Having the governor choose the next district attorney would not be unusual; 16 of the 34 district attorneys now serving statewide, including Nifong, were appointed to their offices.
Keep in mind that Nifong is more of a "dummy candidate" than Cheek. The Grievance Committee of the North Carolina Bar has indicated that it will not pursue the numerous grievances filed against Nifong until after the lacrosse case has been concluded. When they do, however, Nifong will be distracted and unable to effectively perform his duties and will spend up to a year defending himself against the bar inquiry. Because it is almost certain that Nifong will be suspended or disbarred, he will not be able to continue in office. And as the governor may be choosing the next district attorney in Durham County, the best option is to start looking to the future now and save the community the disruption and pathetic spectacle of Nifong's protracted death throws.
The United States is the only western nation where local prosecutors are popularly elected. In every other nation, prosecutors are selected by merit. They are centrally trained, supervised and evaluated according to exacting professional standards.
For better or worse, citizens here are specifically called upon to evaluate candidates based on their legal and ethical qualifications. If the public does not remain engaged in the process, the consequences can be disastrous. Earlier this year, I had the opportunity to help a Nepali lawyer in his efforts to support the rule of law in his country. There the courts, by attempting to ensure that the laws and constitution were obeyed, were providing the only effective opposition to a despotic monarch who was trying to impose rule by decree. A community can survive momentary failures of its political institutions, but, if its legal system is compromised, then it is helpless.
The single greatest thing Duke students can do for Durham is to ensure that the rule of law survives in Durham County by voting on or before this Tuesday.
Jason Trompbour, Trinity '88, Grad '91, Law '91, also has a Ph.D. from Cambridge University ('96). He teaches law at the University of Maryland Law School and legal and ethical studies at the University of Baltimore. He formerly was an attorney in the Criminal Appeals Division of the Maryland Attorney General's office. He is the Spokesperson for the Friends of Duke University.
mark
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DA Nifong seeks to keep office amid lax scandal
Bolin Niu
Posted: 11/2/06
Sitting behind his mahogany desk, with a view of Durham from his window, incumbent District Attorney Mike Nifong discussed his election platform and life outside the office-something for which he has had little time amid the continued controversy surrounding the Duke lacrosse case.
Nifong, whom friends and family describe as a thoughtful, professional family man and attorney, said his goals include improving communication with victims and promoting the needs of Durham children.
"I will do the same things as I have been doing so far," he said.
This year, Nifong has found himself at the center of one of the most heated political races in the state. Despite winning the Democratic primary, he has faced heavy criticism for his handling of the Duke lacrosse case.
One such criticism includes the district attorney's choice to publicly discuss the case in its early stages. Nifong said Monday that if he had known how the press would react, he would not have made any comments after the first day.
Despite criticisms, Nifong continues to lead contenders Lewis Cheek, who petitioned to be on the ballot, and Steve Monks, a write-in candidate, according to a recent poll conducted by the Raleigh News and Observer.
Although the lacrosse case has dominated headlines, Nifong said he has been busy planning future goals, such as helping Durham children by decreasing truancy, preventing gang violence and providing an accredited child advocacy program.
Nifong explained that child advocacy has a special place in his heart.
"[My wife] and I first met on the steps of the courthouse. She was unhappy with the way the DA's office was handling child abuse cases," he said. "I, of course, wasn't handling any of those cases back then."
Nifong's wife, Cy Gurney, is the regional administrator for Guardian ad Litem, a state advocacy program for abused and neglected children.
She said Nifong maintains a healthy balance between work and family.
While Nifong was hospitalized for cancer treatment, Gurney would give him play-by--play descriptions of their son's Little League baseball games by cell phone, she said.
The walls of Nifong's office are plastered with photos of his son's Little League team, which he coached. A framed Oath of Office is displayed amid all the photos. When asked about his campaign platform, Nifong read aloud the words from his oath, promising to be fair and impartial in all his decisions.
"[Nifong] is an incredible trial lawyer who is very knowledgeable of law and procedure," Durham Criminal Attorney Mark Edwards said. Edwards added that Nifong's good managerial skills has allowed him to assemble a great staff.
Nifong said he finds his work as the district attorney energizing and challenging after 27 years of working as an assistant district attorney in Durham.
"Mike Nifong's extensive experience impressed me," said Robinson Everett, a Duke law professor. Nifong's familiarity with the people and culture of Durham allows him to work efficiently as district attorney, Everett added.
Nifong admitted, however, that he does not enjoy campaigning.
"I don't like to ask people for votes or money," he said. "I am the kind of person who believes that if I do my job, I shouldn't have to ask."
The lacrosse case was far from Nifong's first contact with Duke.
Both of the district attorney's parents are Duke graduates, and Nifong was offered an Angier B. Duke scholarship to the University, which he declined in favor of attending the University of North Carolina at Chapel Hill on a different scholarship.
Nifong recalled his college days of protesting against the Vietnam War.
"I loved the realities of the late 1960s when everyone's opinion could be heard," he added.
Nifong said he is also an avid musical performer and owns a banjo, a mandolin and eight guitars, one of which resides in his office, next to an amplifier.
"Being in court is similar to performing improvisational theater, and I think music brings out my performer's ego," he said with a laugh.