Cal State Bar Chief Trial Counsel Scott Drexel testified before a commission led by former Attorney General Van de Kamp (as reported by the California Lawyer) that after examining half of the 53 prosecutorial misconduct cases that led to reversals of convictions, he had found not a single instance where a judge reported the misconduct to the State Bar -- even though judges are required to do so by law (Bus. & Prof. Code sec. 6086.7(a)(2)).
After reviewing 1,464 State Bar cases 2001-2005, the San Jose Mercury News discovered exactly one action against a prosecutor. Judges don't report offending prosecutors, the News concluded.
Some people claim the judges are confused by the rules: who should be doing the reporting? The trial judge, the justices who overturned the opinion? I say all of them. Since when has ignorance of the law been an excuse?
Oh, by the way, the Chief Trial Counsel, who had brought a successful action against a deputy district attorney, was not appointed to a new four-year term by the State Bar Board of Governors. California Lawyer reports that one source present at the meeting said the opposition to his appointment came from the two prosecutors on the board, who convinced the other members.
Really gives one faith in the system, doesn't it?
