California District Attorney Should Be Barred For Prosecutorial Misconduct, State Bar Recommends.
What do you have to do as a prosecutor to get disbarred? At least one prosecutor in California appears to have committed enough outrageous misconduct to find out. According to an opinion from a California State Bar Judge, Jon Michael Alexander, the sitting District Attorney for Del Norte County, already disciplined three times previously, should be disbarred for prosecutorial misconduct. Citing to Berger v. United States, 295 U.S. 78, 88 (1935) and its California analogue, People v. Superior Court, 19 Cal.3d 255, 266 (1977), the opinion found by clear and convincing evidence that Alexander “abused his prosecutorial power by speaking with a criminal defendant about her case without her lawyer present; and after learning from her that she, not her co-defendant, owned the illegal drugs found during their arrest, failed to give that exculpatory evidence to the other defendant’s lawyer; then lied to an assistant DA by saying he had not spoken with the defendant (who had recorded the conversation).” Terry Carter, ABA Journal, District attorney should be disbarred for prosecutorial misconduct, state bar court recommends. The California Supreme Court will review the decision, but it is difficult to imagine what else Alexander has to do to have his license finally and formally stripped.