Varies from state to state, and generally pretty low - of course they are subject to discipline like anyone else, but I don't think I've seen it happen in either of the states that I follow disciplinary proceedings in. I'm sure that valkryie or MysticCat are a lot more qualified to speak on it since they are real lawyers and not student practice rule lawyers like me. ;)

NO. There is a difference between what the public views as misconduct and what the actual rules of professional responsibility require. Zealous advocacy...

Yes - and at least here in CT, things are getting more stringent with the tougher federal guidelines (Sarbanes-Oxley, etc.). I don't know if it comes out more heavily on the defense bar, but the rules of professional responsibility are pretty strict.

Like you say though, prosecutorial misconduct does occur though, and it's kind of eye-opening when you see some of the extent of it.

Don't forget about the extremely liberal interpretation of prosecutorial immunity by some courts (which are certainly related, but raise entirely new issues).

You're right. It varies from state to state.

As a general rule, however, in those states where the district attorney (or state's attorney, or whatever he or she may be called) is elected rather than appointed, then there is no "higher authority" that can tell the DA how to do his or her job -- not the governor, not the AG, not anybody. As an elected official, the DA is answerable to the eletorate. He can be voted out of office, and state law likely provides one or more methods of removal from office (such as impeachment), but as far as prosecutorial decision-making goes, the buck stops with the DA.

The role of the bar, again generally speaking, will be to determine if rules of ethics/professional responsibility have been violated, and if so, what the punishment (if any) should be. The bar cannot discipline a DA for bad-decision making, nor can it second guess the DA on questions like whether charges should be brought or not. But if the DA's conduct violates the rules of professional responsibility -- whether the rules are applicable to all attorneys or, as is sometimes the case, rules outlining hightened responsibilities for prosecutors -- then the bar can impose discipline, including disbarment. Should a DA be disbarred, then presumably he or she would have to resign, since being a licensed attorney is a prerequisite to being DA.

I so agree. I remember watching some True Crime Stories on A&E and people could hear a woman being murdered and no one did jack about it and then the murderer killed 2 or 3 more people being being caught. They could have nipped it in the bud right then and there if they'd done something.

I am LMAO about the fact that he had a sword but no phone. :D :eek: