The blog has addressed this question a bunch of times and it's time to ask it again in light of what happened before Judge Wolfson in state court. Here's the AP coverage, and Rumpole covers it here.
Although it is an epidemic in both systems, my sense is that prosecutorial misconduct happens less frequently in Florida state court than in federal court, mostly because Florida has depositions and more open discovery. Do you agree?
Also, when it does happen, judges are more likely to call it out in state court and there are more immediate consequences. In this case, the prosecutor resigned. And Kathy Rundle issued a statement. When does that happen in fed-land?
Much more needs to be done in both systems if there's going to be a real deterrent.
8 comments:
Hang'em high.
Kidding aside, prosecutors, police, judges, and elected officials all have higher ethical duties than the rest of us. They are public servants entrusted with the operation of society and enforcement of our laws. And each of them took up this responsibility knowingly and voluntarily - it's not like these are draftees forced to do these jobs at gunpoint or on pain of punishment if they quit.
If/when these public servants falter, they should, at a minimum, immediately and without second chance be removed for their positions of public trust.
Well, except that the guy who resigned has had a serious cloud over him for years and years.
Discovery in state court helps with Brady issues, but it happens in other forms.
I am surprised there has not been any call for Rundle to resign.
Kathy will not resign. It would be far better for her to gather the flock and make it clear to them that Janet Reno's rules apply, and the State Attorney's job is to do justice, and to remember that LEOs are just witnesses, not partners in law enforcement. Our lawyers need to advocate for victims and for justice.
Kathy should have fired Michael, not let him resign, no matter how valuable his services over the years have been. She also knows or should know of the notorious bad apples in the office and they should be fired.
Finally, she should adopt a policy that CCF cases should be referred to the feds, if at all, in the beginning of the case, not to punish defendants and attorneys who kick the asses of the ASAs in the state court.
I do not believe that Kathy intentionally permits bad actors, but they are tehre, and she should use her next term to clean house.
Do not forget another scandal when prosecutor Band was forced to resign in the secretary sex case on the cocaine queen case. Lead to a very generous plea for her.
I agree that all felon in possession cases and gun crime cases (924c eligible) should go fed. They will lose a bunch, but the penalties are stiffer and actually more likely to get imposed. I think doing this would cause a big reduction in violent crime in community.
Ill believe it when someone gets disbarred.
Being allowed to resign is silly.
10:05 calls for KFR to tell them all that Janet Reno's rules apply, but KFR has been running that office for 31 years as of yesterday. If Reno's rules haven't applied during that time, they won't now. Hell, many of the prosecutors weren't even alive when Reno ran the office. People need to stop thinking fondly of a time when Reno ran the SAO and how maybe KFR will bring back those days. The time has run out.
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