State Bar Files Complaint Against Mike Nifong

WRAL ^ | Dec 28, 2006 | Staff

[abb]

Raleigh — The North Carolina State Bar has filed an ethics complaint against Duke lacrosse prosecutor Mike Nifong.

[Mo1]

FNC just reported on this

[abb]

Ping

[rwilson99]

Question:

Is this a member of the Bar, or the entity itself acting in an offcial capacity?

[Protect the Bill of Rights]

Is it significant that this was filed before trial? Poor Ted must be having a fit.

[TomGuy]

The North Carolina State Bar filed an ethics complaint Thursday against Duke lacrosse prosecutor Mike Nifong, accusing him of breaking four rules of professional conduct when speaking to the reporters about the sensational case.

http://www.breitbart.com/news/2006/12/28/D8MA49OG0.html

[Peach]

Whoa! Thanks for the ping to this excellent news.

[abb]

Raleigh — The North Carolina State Bar has filed an ethics complaint against Duke lacrosse prosecutor Mike Nifong, The Associated Press reports.

The complaint accuses him of breaking four rules of professional conduct when speaking to the reporters about the high-profile case.

Among the rules the bar complaint says Nifong violation is a prohibition on making, "comments that have a substantial likelihood of heightening public condemnation of the accuser."

[Enterprise]

AFT!

[Cicero]

According to another report on this which the Moderator just removed as a duplicate, the complaint is that he broke four ethical rules while talking to reporters.

Odd that the wouldn't take him up on lying to the judge and conspiring to keep exculpatory evidence from the defence.

[Attn to Detail]

It's about time!!

[Centurion2000]

Nice, maybe justice will be done.

[Menehune56]

If there was ever a case for immediate disbarrment, removal from office, and prosecution for abuse of office, this is it.

[samadams2000]

So he ruined the lives of 3 men and their families, tried to imprison them for life against the evidence, besmirched a University, a lacross team , incited class warfare, publically called them rapists, broke a few laws to win an election. Dont see what all the fuss is about.

[Old Professer]

Man, this is like being ratted out by the head of the mafia; talk about never working in this town again, this a definite career buster if it pans out.

[PeterFinn]

Yay! Thanks for the good news.

[Cementjungle]

This guy should swing before Sadaam does.

[monkapotamus]

[puppypusher]

This Nifong should be disbarred for destroying the lives of these Duke Lacross players.He knew he had NO evidence to prosecute the case but he had to drag their names through the sewer to win reelection.

[Spok]

If you go to the link for WRAL, the story says the complaint is related to improper public statements including those which may reflect unfavorably on the accuser. This just gets stranger and stranger.

[KentTrappedInLiberalSeattle]

The North Carolina State Bar filed an ethics complaint Thursday against Duke lacrosse prosecutor Mike Nifong, accusing him of breaking four rules of professional conduct when speaking to the reporters about the sensational case.

In other words: they found MSM residue in his mouth, anus, vagina and panties. ;)

[snarkytart]

'Odd that the wouldn't take him up on lying to the judge and conspiring to keep exculpatory evidence from the defence."
____

One step at a time..

[Minnesocold]

AFT!

Mega ditto.

[samtheman]

So he ruined the lives of 3 men and their families, tried to imprison them for life against the evidence, besmirched a University, a lacross team , incited class warfare, publically called them rapists, broke a few laws to win an election. Dont see what all the fuss is about.

Especially when you consider how PC he was in all his actions. You can ruin lives as long as the lives you ruin are on the "incorrect" side of the PC line, can't you?

[JCEccles]

Wow. The state bar itself has filed a complaint? It's one thing to face an ethics complaint. People file spurious complaints all the time that the state bar is obligated to investigate. But when the state bar files a complaint on its own initiative, that's often a sign of seriously bad mojo.

[Txsleuth]

I may be wrong...but I could have sworn I heard someone on Fox News say that the law in North Carolina didn't have a provision to punish him...

This will be interesting...is the Bar gonna slap him on the wrist...suspend his license??

Oh, yeah...that will make up for what he has done...blech

Thanks for the ping!

[daviscupper]

As long as he did it to win an election then he is in the clear. That is RAT's ethics 101. LOL

[Rb ver. 2.0]

Nifong being disbarred would be sweet justice!

[unixfox]

I doubt REAL justice will be done to this POS. He will skate with nothing more than a slap on the wrist is my guess. Scumbags like him always do.

[patton]

I think he played "slip-n-slide" in an MSM latrine, in order to get that much DNA on his panties.

[LibWhacker]

I'd like to see marshalls kick down his door and drag him off in handcuffs (along with the Black Panthers who threatened the lives of the falsely accused lacrosse players).

[Enterprise]

Agreed. I think that the withholding of the evidence favorable to the Duke players probably sealed the deal on filing an ethics complaint, and I suspect that the complaint will be amended soon. Crossing my fingers anyway.

[Rb ver. 2.0]

It's not the State of NC court or Attorney General, it's the State of NC bar association that is taking action. They police their own. (well, they should police their own)

[TomGuy]

I posted in a thread last week that, when Nifong dropped the rape charge, but retained the kidnapping and assault, he did so primarily to give himself time to find a defense for his actions and delay the inevitable lawsuits from the 3 accused.

His case literally fell apart last week when the female accuser could not even substantiate that she might have been raped. He had failed to even talk to her until last week, apparently.

I just hope those 3 guys sue him for everything he had. Maybe their attorneys can even find some way to sue Sharpton and JJackson and 'attach' the scholarship moneys Jackson supposedly provided for the accuser.

[doug from upland]

I think he should be forced to sell all his assets and donate to the lacrosse program can get going again.

[Domandred]

The North Carolina State Bar has filed an ethics complaint charges against Duke lacrosse prosecutor Mike Nifong.

There fixed it how it should read.

[JCEccles]

This will be interesting...is the Bar gonna slap him on the wrist...suspend his license?

Ordinarily the state bar investigates the complaint and forwards its recommendations to the state supreme court, which is the actual disciplinary authority. An ethics violation doesn't have to amount to criminal misconduct to support discipline all the way up to suspension or debarment.

[OldFriend]

Details are important as FNC likes to be first, right or wrong.

[Bahbah]

I could have sworn I heard someone on Fox News say that the law in North Carolina didn't have a provision to punish him

I think you may have misheard that, sleuthie. All state bar associations have ethics rules and they come with punishments.

[JCEccles]

This will be interesting...is the Bar gonna slap him on the wrist...suspend his license?

Ordinarily the state bar investigates the complaint and forwards its recommendations to the state supreme court, which is the actual disciplinary authority. An ethics violation doesn't have to amount to criminal misconduct to support discipline all the way up to suspension or disbarment.

[OldFriend]

condemnation of the accuser.....or the accused?

[Vn_survivor_67-68]

"....accusing him of breaking four rules of professional conduct when speaking to the reporters about the sensational case. "

Here are the NC Bar Rules for Prosecutors.....there is more at the link than what follows:

Rule 3.8 Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;

(d) after reasonably diligent inquiry, make timely disclosure to the defense of all evidence or information required to be disclosed by applicable law, rules of procedure, or court opinions including all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;

(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client, or participate in the application for the issuance of a search warrant to a lawyer for the seizure of information of a past or present client in connection with an investigation of someone other than the lawyer, unless:

(1) the information sought is not protected from disclosure by any applicable privilege;

(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and

(3) there is no other feasible alternative to obtain the information;

(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

more here:

http://www.ncbar.gov/rules/rules.asp

[snarkytart]

condemnation of the accuser.....or the accused?
___

I think it has to mean the ACCUSED!
Why would it be the accuser? Nifong never condemned her publicly.

[TommyDale]

This is the beginning of the end for Nifong. Everyone here at FR should congratulate each other and start planning a celebration event. I still say it should be held at Blinco's.

[KentTrappedInLiberalSeattle]

More from Breitbart:

The North Carolina 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 the reporters about the sensational case. The punishment for ethics violations can range from admonishment to disbarment.

Among the rules 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 in March 30, a little more than two weeks after the party where a 28-year-old student at North Carolina Central University hired to perform as a stripper said she was raped.

Nifong did not immediately return a call for comment.

Nor did defense attorney Joseph Cheshire, who represents one of the three lacrosse players charged with sexual offense and kidnapping.

Last week, Nifong dropped the rape charges against the three athletes after the stripper wavered in her story.

[Enterprise]

As others have noted in prior posts, Nifong might have salvaged his career and job if, upon learning that the accused changed her story yet again, he dropped all charges. Instead, he went full steam ahead, and damn the torpedoes. Unfortunately for him, a huge torpedo hit his ship with Meehan's testimony. Nifong screwed the pooch, and now there is legislative movement in North Carolina to allow scrutiny of the actions of DA's. Perhaps some day, a DA who is genuinely acting in good faith will be tarred and feathered on a case, and it will be Nifong's fault.

[azhenfud]

That feller dancing in that ad shares my sentiment.

[Txsleuth]

That is what I get for watching Greta!!! LOL

So...what is your take? What is the worst that could happen to him??

[Enterprise]

Gadzooks - check this out!

the bar said it opened a case against Nifong in March 30

[TommyDale]

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

This angers me, that they kept this under wraps and allowed Nifong to win the election.