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Prosecutors: Do This, Not That

By William Vogeler, Esq. on November 06, 2018 | Last updated on March 21, 2019

Eat This, Not That is a popular book about eating healthy, and it has nothing to do with being a prosecutor.

Except this: there are things that prosecutors should do and not do. It's all about good practices that lead to healthy living.

When it comes to ethical choices, it's especially important to make wise choices. It takes discipline, like like deciding whether to eat donuts; they may look good but they are really bad for you.

Do This

Ken Dohre was a good attorney. He helped put away a man for second-degree murder.

Fifteen years later, however, a judge overturned the conviction after a witness recanted his testimony. The nonprofit Innocence Project in New Orleans said Dohre failed to inform defense counsel about inconsistent statements of the witness.

Attorney discipline authorities wanted to suspend Dohre for a year, but the Louisiana Supreme Court dismissed the ethics case. It turned out that Dohre gave the information to the trial judge, who said he did not have to give it to the defense.

So what should a prosecutor always do? Be solicitous to the judge.

Not That

The Louisiana Supreme Court does not turn a blind eye to attorney misconduct. That's why the justices suspended prosecutor Andrew Adams.

He was arrested for allegedly soliciting sex from a woman who was facing charges. His bad choice got him fired, too.

So what should a prosecutor never do? Solicit a witness.

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