Name
Bar Discipline for Prosecutorial Misconduct
Description

Prosecutorial misconduct contributes to wrongful convictions, but bar discipline for prosecutors is rare. After Frances Choy's exoneration, her attorneys filed a bar complaint against the trial prosecutors for racial bias, withholding exculpatory evidence, and misstating evidence in the closing argument; likewise the Massachusetts Office of Bar Counsel filed a petition to discipline the trial prosecutors. A few months later, in an unrelated matter, the Massachusetts Supreme Judicial Court imposed sanctions ranging from public reprimand to disbarment on prosecutors who played a role in withholding exculpatory evidence resulting in the vacatur of thousands of drug convictions. In this session, the assistant bar counsel who litigated these matters and Ms. Choy's innocence attorney will discuss issues arising in these and other efforts to discipline unethical prosecutors. They will demystify the bar discipline process by discussing its purpose, factors that bar counsel considers in deciding whether to file a petition, and tips for interacting with bar counsel.