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Originally Posted by GeekyPenguin
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.  |
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.
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