Prosecutor Misconduct

January 4, 2012

Today's blog post will be short.  I want to draw attention to the series of blog postings I am writing on the DWI Dude site.  Prosecutor misconduct is a growing trend nationwide.  There is even an online poll posted where you can vote for your pick for the worse prosecutor of the year.  Unfortunately, changing the environment where prosecutors feel safe violating the rights of the accused is a difficult task that will require the actions of thousands of people.  There is no simple one-shot solution to this epidemic.

I am calling for a new law - or maybe a series of laws - that makes it a crime in Texas for prosecutors to violate the rights of the accused.  There are already laws on the books, but those laws are seemingly unenforceable.  The new law has to waive prosecutorial and governmental immunities from prosecutors who knowingly violate the rights of others.  This will give the wrongly accused the right to sue the prosecutor personally and his or her office as well.  It would make both the office and the person liable for the harms caused by the injustice. 

Please go to the DWI Dude site and read the posting about Harris County Assistant District Attorney who recently pled the fifth when called before a grand jury to answer questions about what she knew and when she knew it regarding faulty DWI breath machines.  Also, read the post where I explain why the current system does not sufficiently address prosecutor misconduct

Please share your thoughts on this proposal.  Is this a good idea?  Do you agree that it is necessary?  Let us know.