Posted on 05/01/2007 8:52:44 AM PDT by freespirited
Thats correct, but the assistant is not normally authorized to bring case to court on his own. He must act as an agent of the prosecuting attorney. Thus if the prosecuting attorney isn’t licensed, the assistant has no authority either.
"I'm shocked that he has been tainted as a 'rogue prosecutor.' It scares me to think that one case can mar you for the rest of your life."
I highly doubt that it was just the one case. This time, he had the misfortune to pick on kids who were able to defend themselves, and it still took a year to clear their names.
Time to go back and see how many other innocent defendants were railroaded by this corrupt, lying crook.
From the North Carolina Constitution:
“Only persons duly authorized to practice law in the courts of this State shall be eligible for election or appointment as a District Attorney.”
Once in office, there is nothing that precludes the District Attorney from remaining in office, even if his law license is revoked. That was the point of my earlier post.
§ 7A‑66. Removal of district attorneys.
The following are grounds for suspension of a district attorney or for his removal from office:
(1) Mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent;
(2) Willful misconduct in office;
(3) Willful and persistent failure to perform his duties;
(4) Habitual intemperance;
(5) Conviction of a crime involving moral turpitude;
(6) Conduct prejudicial to the administration of justice which brings the office into disrepute; or
(7) Knowingly authorizing or permitting an assistant district attorney to commit any act constituting grounds for removal, as defined in subdivisions (1) through (6) hereof.
Another statute authorizes District attorneys and only district attorneys to bring cases to court. Obviously the inability to bring case to court would require initiation of proceeding to remove him under the above statute.
Sure, there are procedures to remove him, but let’s wait and see if anyone does. This goes beyond your normal law in North Carolina. This hits people all the way up the polital ladder to the Governor.
If he gets disbarred he will be removed immediately since the office will be unable to function. If he only gets a suspension, your guess is as good as mine. However, The words of the AG will play a major role in his hearings before the bar. I think the AG intended on getting him disbarred with the strong condemnation.
His title: “How I Stuck the Nifong in the Duke LaCrosse Team’s Back”
“expect the punishment to be severe “
severe would be 40 years in prison.
a just sentence would be 5, plus payment of restitution to those who were injured by his illegal action.
And the stripper? will nothing happen to her?
Oh the irony.
Prison’s not in his future; fraternity and all that - he’ll need the book to handle the civil suits.
Yeah that'd be a shame. Ask the former defendants about their "one case".
"Lawyer", Court TV "legal analyst", and "adjunct professor of law". I say that it is impossible to poison our legal system, in as many different ways, from one end to the other, as she is.
There is a petition before the court now to remove him. The judge who has the power to act on it says he will wait until the bar makes its decision.
Realistically, if the bar takes his license away, I dont see how the judge can keep protecting him. There’s a good chance Nifong would step down on losing his license to avoid the humiliation of being removed by the court.
Of course if he had any decency he would have resigned already.
Even Nifong's friends expect the punishment to be severe -- anything from suspended his law license to permanent disbarment.
Note the definition of "severe" when applied to a government employee. contrast this to the punishment that the Duke lacross player have already gotten (forced to spend about $3,000,000 of their families' money) and the punishme they would have gotten if convicted (20 years in prison) and see if the "severe" facing this little race sucking nazi isn't awfully mild.
If he had any decency, he never would have accepted the appointment by the Governor. He is totally incompetnet. Of course, what else should we expect in North Carolina?
Tell it to the three lacross players Nifong tried to railroad.
It is very difficult to sue a prosecutor for his official actions. I had a discussion about this with an attorney on another forum. This is based on common law and Supreme Court decisions.
It’s like if you are falsely sent to prison, you can’t sue the prosecutor, judge, jury, police, etc.
Nifong’s actions were extremely unprofessional, but it still will be difficult to bring civil suits.
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