On the National District Attorneys' Association

[Editor's note: Most prosecutors would not condone the below conduct.  However, far too many are unwilling to police their own ranks. Indeed, as shown below, often a us-v.-them attitude causes otherwise good and ethical prosecutors to affirmatively support wrongdoers.]

Although waiting until the eleventh hour, the National District Attorneys' Association, recognizing that no one could attach themselves to Mike Nifong without also smelling like manure, issued a statement decrying Nifong's conduct.  The statement read:

The recent case of the exonerated athletes in North Carolina has affirmed the importance of the ethical standards of America’s prosecutors and serves as a reminder that the primary ethical duty of a prosecutor is to seek justice, not merely to convict.

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The confidence of the public and the very integrity of the criminal justice process depend on strict compliance with these ethical standards. To the extent that any individual prosecutor violates these high ethical standards the public confidence in our criminal justice system is undermined and the image of all prosecutors suffers.

Powerful stuff, no?  This statement's sentiments might be sincere.  There is just one problem.  Just over a decade ago, in Kalina v. Fletcher, 522 U.S. 188 (1997), a Washington state prosecutor, Lynne Kalina, under oath, misstated material facts in a probable cause hearing.  (In other words, like Nifong, Kalina lied in order to indict an innocent man.)  According to the United States Supreme Court: 

Kalina's certification contained two inaccurate factual statements. After noting that respondent's fingerprints had been found on a glass partition in the school [that had been burglarized, Kalina] stated that [the defendant] had "never been associated with the school in any manner and did not have permission to enter the school or to take any property." In fact, he had installed partitions on the premises and was authorized to enter the school. She also stated that an employee of an electronics store had identified respondent "from a photo montage" as the person who had asked for an appraisal of a computer stolen from the school.  In fact, the employee did not identify respondent.

How did the National District Attorneys' Association respond to Kalina's perjury?  Did they issue a statement reminding us that prosecutors seek justice, not convictions?  Did they decry Kalina's perjury? 

No.  Instead, they all filed friend-of-the-court brief on Kalina's behalf!  Id. at 120 ("Briefs of amici curiae [supporting Kalina was filed by] the National District Attorneys’ Association et al.") 

Perhaps NDAA has had a change of heart?  Perhaps they now realize that prosecutors shouldn't lie in order to obtain indictments?  Or perhaps they distanced themselves from Nifong simply so that they could allow the Kalinas of the world to escape scrutiny.  I can imagine a conversation whereby all agree: "We gotta blast Nifong before people get serious about holding prosecutors to their ethical duties!" 

I'll leave it to readers to decide for themselves whether NADA is truly concerned with prosecutorial ethics.  (Oh, and in case you're wondering, Lynne Nifong Kalina is still a prosecutor.  I suspect, though have not yet confirmed, that she remains a member in good standing of NDAA.)

Comments

[JR]

Mike: I am a member of the NDAA and I have received training at the National Advocacy Center. The NDAA stresses and teaches ethical prosecution to its members. I have not encountered any actions by the NDAA that have caused me to questions its integrity. If there is a problem with the NDAA, it is that not enough prosecutors belong to it.

[S.cotus]

JR, Maybe you could address Mike's concerns. On its face, it seems that the NDAA is being quite hypocritical and applauding egregious conduct. But, maybe he is misunderstanding it. Your comment was nothing more then self-serving cheerleading, and you need to provide specifics in order to convince people that the NDAA is not up to no good.

[JR]

S.cotus: Breathe. Relax. I am a long-time reader of this blog and I was just having a conversation with Mike. It was not my intention to engage in some sort of a debate. I was just sharing my personal experience. Take it for what it's worth. Not all comments have to be big-fancy-cerebral arguments. Life is too short for that.

[Mike]

JR is exactly the type of person I want prosecuting people - measured and reasonable. Let's just hope power does not corrupt him. ;-)

[S.cotus]

Okay, so can you provide me with a coherent line of reasoning that differentiates Nifong from Kalina, and can you tell me whether the NDAA has adopted this reasoning.