State Bar Files Complaint Against Mike Nifong

WRAL ^ | Dec 28, 2006 | Staff

[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.

[piytar]

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

It is very significant and almost (actually, to my knowledge completely) unprecedented. The next move by the defense will be a motion to have Nifong (spit) pulled from the case based on the ethics complaint.

[Enchante]

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

All in a day's work for shameless Demagogues..... LIEfong is just following the sterling example of many other scumbag Democrats..... smear, smear, lie, lie, hate, hate, ruin lives of anyone who serves your political agenda, etc. etc.

[piytar]

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

These things take time. I would be surprised if additional complaints on that basis are not also filed.

[OldFriend]

Nothing about this case has been logical or sane from the beginning.

I will wait for the actual wording, but it would seem that the operative word ought to be accused!

I have seen that statement before and it did pertain to the accused!

[abb]

http://wcbstv.com/sports/local_story_362172555.html

(CBS/AP) RALEIGH, N.C. The North Carolina bar filed ethics charges 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 condemnation of the accuser."

The charges will be heard by an independent body called the Disciplinary Hearing Commission, made up of both lawyers and non-lawyers.

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 athletes after the stripper wavered in her story.

[gitmogrunt]

wrist slap alert!!!

[TomGuy]

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

Apparently, the Bar has been suspicious of Nifong's actions in this case since the beginning.

[Rb ver. 2.0]

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

Media smells blood.....

[Excuse_My_Bellicosity]

With the sheer volume of the anti-Nifong hate mail that the state govt. has been getting, they had to do something. Hopefully his punishment will actually have some teeth, not just a censure or some crap like that. If I were king, this scum would be in federal PMITA prison.

[Enterprise]

I'll be drinking a wee toast for little Mikey this New Year's eve. Here's to ya, ya tramp!