NC State Bar files ethics charges against DA Nifong

Cylinder · 28th December 2006, 04:20 PM

NC State Bar files ethics charges against DA Nifong

Quote:

The N.C. bar filed an ethics complaint Thursday against the prosecutor in the Duke lacrosse case, accusing him of breaking four rules of professional conduct when speaking to reporters about the case.

The punishment for ethics violations can range from admonishment to disbarment.

Among the rules Durham District Attorney Mike Nifong was accused of violating was a prohibition against making comments "that have a substantial likelihood of heightening public comdemnation of the accuser."

In a statement, the bar said it opened a case against Nifong on March 30, a little more than two weeks after the party at which a 28-year-old student at N.C. Central University hired to perform as a stripper said she was raped.

Apparently the ethics charges relate to Nifong claiming to the media in late March that the suspects could have used condoms when, in fact, he knew that the accuser asserted that none were used. This claim was made in response to media questions about the results of DNA tests that failed to find matches with any of the accused Duke students.

Quote:

"If a condom were used, then we might expect that there would not be any DNA evidence recovered from say a vaginal swab," Nifong told MSNBC on March 31.

"I would not be surprised if condoms were used," Nifong told The Charlotte Observer in a March interview published April 11. "Probably an exotic dancer would not be your first choice for unprotected sex."

Court papers: The accuser told a nurse March 14 "that no condoms ... were used during the alleged sexual assault," according to an affidavit by defense lawyers Kirk Osborn and Ernest Conner.

Cylinder · 28th December 2006, 04:39 PM

The Smoking Gun has the complaint.

Quote:

n a stunning rebuke to the North Carolina district attorney handling the Duke University rape case, the state bar today filed an ethics complaint against the prosecutor, claiming that he has made numerous press statements that were "prejudicial to the administration of justice" and also "engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation." The North Carolina State Bar's complaint, a copy of which you'll find below, is filled with dozens of comments D.A. Mike Nifong (pictured at right) made following the alleged March rape of a stripper who had performed at a party attended by members of Duke's lacrosse team.

Cylinder · 28th December 2006, 04:49 PM

This complaint should establish a conflict of interest in the case for Nifong. I don't see how he can represent the State against the defendants and himself before the ethics committee at the same time. I think the real question is if they can find another DA to touch this pile of excrement. This is probably the end of this farce.

hgc · 28th December 2006, 05:16 PM

I think Nifong is asking himself if he would have been reelected anyway if he hadn't pursued such a weak case. Even if not, the worst that would have happened to him was losing an election. Now he may be booted from office for lack of a license to practice law. (Actually, I don't even know if disbarment would cause him to be removed from office. He's directly elected, so I don't know the procedure in NC for removing DA or if even a law license is required to hold the office.)

hgc · 29th December 2006, 06:39 AM

Aha, from the NC Constitution: "Only persons duly authorized to practice law in the courts of this State shall eligible for election or appointment as a District Attorney."

Rob Lister · 29th December 2006, 07:00 AM

Originally Posted by hgc

Aha, from the NC Constitution: "Only persons duly authorized to practice law in the courts of this State shall eligible for election or appointment as a District Attorney."

Well, if it comes to that, he'll likely resign, but nothing in that language requires that he hold that authorization once elected. It would be an interesting legal challenge.

As I pointed out in the previous thread, it appears that the charges only touch the surface of his reported misdeeds. They may be setting him up for a simple wrist-slap.

Ladewig · 15th June 2007, 06:08 PM

Nifong to resign

http://www.chron.com/disp/story.mpl/...n/4894528.html

Quote:

Breaking down in tears at his ethics trial, Mike Nifong abruptly quit as district attorney Friday after admitting he got "carried away" with statements during his discredited rape prosecution of three Duke University lacrosse players.

Catching even his attorneys by surprise, Nifong said he would resign and regretted making improper statements about the players.

"My community has suffered enough," Nifong said at his trial on allegations that he violated rules of professional conduct.

State prosecutors who took over the case have declared the players innocent.

[snip]

The families of players Reade Seligmann, Collin Finnerty and Dave Evans watched with little emotion, and Evans' attorney rejected Nifong's attempt to take responsibility.

"It was an obvious cynical ploy to save his law license, and his apology to these people is far too little and comes far too late," Evans lawyer Joseph Cheshire said.

28th December 2006, 04:20 PM	#1
Cylinder Illuminator Join Date: Jun 2005 Location: Arkansas Posts: 3,928	NC State Bar files ethics charges against DA Nifong NC State Bar files ethics charges against DA Nifong Quote: The N.C. bar filed an ethics complaint Thursday against the prosecutor in the Duke lacrosse case, accusing him of breaking four rules of professional conduct when speaking to reporters about the case. The punishment for ethics violations can range from admonishment to disbarment. Among the rules Durham District Attorney Mike Nifong was accused of violating was a prohibition against making comments "that have a substantial likelihood of heightening public comdemnation of the accuser." In a statement, the bar said it opened a case against Nifong on March 30, a little more than two weeks after the party at which a 28-year-old student at N.C. Central University hired to perform as a stripper said she was raped. Apparently the ethics charges relate to Nifong claiming to the media in late March that the suspects could have used condoms when, in fact, he knew that the accuser asserted that none were used. This claim was made in response to media questions about the results of DNA tests that failed to find matches with any of the accused Duke students. Quote: "If a condom were used, then we might expect that there would not be any DNA evidence recovered from say a vaginal swab," Nifong told MSNBC on March 31. "I would not be surprised if condoms were used," Nifong told The Charlotte Observer in a March interview published April 11. "Probably an exotic dancer would not be your first choice for unprotected sex." Court papers: The accuser told a nurse March 14 "that no condoms ... were used during the alleged sexual assault," according to an affidavit by defense lawyers Kirk Osborn and Ernest Conner.
	__________________ If you will not fight for the right when you can easily win without bloodshed ; if you will not fight when your victory will be sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than live as slaves. - Winston Churchill, The Gathering Storm

28th December 2006, 04:39 PM	#2
Cylinder Illuminator Join Date: Jun 2005 Location: Arkansas Posts: 3,928	The Smoking Gun has the complaint. Quote: n a stunning rebuke to the North Carolina district attorney handling the Duke University rape case, the state bar today filed an ethics complaint against the prosecutor, claiming that he has made numerous press statements that were "prejudicial to the administration of justice" and also "engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation." The North Carolina State Bar's complaint, a copy of which you'll find below, is filled with dozens of comments D.A. Mike Nifong (pictured at right) made following the alleged March rape of a stripper who had performed at a party attended by members of Duke's lacrosse team.
	__________________ If you will not fight for the right when you can easily win without bloodshed ; if you will not fight when your victory will be sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than live as slaves. - Winston Churchill, The Gathering Storm

28th December 2006, 04:49 PM	#3
Cylinder Illuminator Join Date: Jun 2005 Location: Arkansas Posts: 3,928	This complaint should establish a conflict of interest in the case for Nifong. I don't see how he can represent the State against the defendants and himself before the ethics committee at the same time. I think the real question is if they can find another DA to touch this pile of excrement. This is probably the end of this farce.
	__________________ If you will not fight for the right when you can easily win without bloodshed ; if you will not fight when your victory will be sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than live as slaves. - Winston Churchill, The Gathering Storm

28th December 2006, 05:16 PM	#4
hgc Penultimate Amazing Join Date: Jun 2002 Posts: 13,125	I think Nifong is asking himself if he would have been reelected anyway if he hadn't pursued such a weak case. Even if not, the worst that would have happened to him was losing an election. Now he may be booted from office for lack of a license to practice law. (Actually, I don't even know if disbarment would cause him to be removed from office. He's directly elected, so I don't know the procedure in NC for removing DA or if even a law license is required to hold the office.)
	__________________ Bowel-shaking earthquakes of doubt and remorse assail him and wail him with monster truck force. - Cake, The Distance Was there a second singer on the grassy Knowles? - Stephen Colbert

29th December 2006, 06:39 AM	#5
hgc Penultimate Amazing Join Date: Jun 2002 Posts: 13,125	Aha, from the NC Constitution: "Only persons duly authorized to practice law in the courts of this State shall eligible for election or appointment as a District Attorney."
	__________________ Bowel-shaking earthquakes of doubt and remorse assail him and wail him with monster truck force. - Cake, The Distance Was there a second singer on the grassy Knowles? - Stephen Colbert

29th December 2006, 07:00 AM	#6
Rob Lister Suspended Join Date: Apr 2004 Location: Virginia Beach, VA Posts: 8,523	Originally Posted by hgc Aha, from the NC Constitution: "Only persons duly authorized to practice law in the courts of this State shall eligible for election or appointment as a District Attorney." Well, if it comes to that, he'll likely resign, but nothing in that language requires that he hold that authorization once elected. It would be an interesting legal challenge. As I pointed out in the previous thread, it appears that the charges only touch the surface of his reported misdeeds. They may be setting him up for a simple wrist-slap.

15th June 2007, 06:08 PM	#7
Ladewig Hipster alien Join Date: Dec 2001 Location: not measurable Posts: 16,929	Nifong to resign http://www.chron.com/disp/story.mpl/...n/4894528.html Quote: Breaking down in tears at his ethics trial, Mike Nifong abruptly quit as district attorney Friday after admitting he got "carried away" with statements during his discredited rape prosecution of three Duke University lacrosse players. Catching even his attorneys by surprise, Nifong said he would resign and regretted making improper statements about the players. "My community has suffered enough," Nifong said at his trial on allegations that he violated rules of professional conduct. State prosecutors who took over the case have declared the players innocent. [snip] The families of players Reade Seligmann, Collin Finnerty and Dave Evans watched with little emotion, and Evans' attorney rejected Nifong's attempt to take responsibility. "It was an obvious cynical ploy to save his law license, and his apology to these people is far too little and comes far too late," Evans lawyer Joseph Cheshire said.
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