Prosecutors Seek Qualified Immunity for State Bar Proceedings

Prosecutors are always making creating uses of the law.  Every day they send people to prison under novel interpretations of the law.  Yet when a prosecutor who has committed prosecutorial misconduct faces disciple from the State Bar, what do those whose job it is to "seek justice" argue?

A California State Bar Court appellate panel has upheld a four-year suspension for former Santa Clara County prosecutor Benjamin Field, despite an amicus curiae brief from the California District Attorneys Association warning of a chilling effect on prosecutions.
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The CDAA's amicus brief, while not taking an explicit position on Field's discipline, warned that several of the bases for discipline involved unsettled law. "Attorneys should be disciplined for conduct that violates clearly established law, or conduct so outrageous that its illegality is obvious," the amicus stated, "but should not be disciplined for conduct where the law is unsettled."
More here.  Incidentally, the case against Prosecutor Fields involved clear Brady violations.  There is nothing novel about a prosecutor's duty to turn over exculpatory evidence.  Nevertheless, prosecutors sought to protect one of their own.

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