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The subject attempts to say it all. Originally I put the following on the criminal side to see what they might have to offer.
Crickets, crickets, crickets, then complete silence. So any thing from the civil folks before I break out my imagination. I did have one response which will be included. And I added a few ripped from the headlines.
The Civil Law geeks are having the annual May Seminar. Scott B. has kindly offered to let me take some of his normal two hour time to go over some lists. To be completely honest the Prosecutorial Lapses will probably go a more civil route but some of lapses are cross overs so have at it. Both lists already have some obvious candidates but there are many openings. To tee this off:

Top Ten Prosecutorial Ethics Lapses
1. Withholding exculpatory evidence Exhibit A Senator Ted Stevens
2. Who is my client? Pendergest-Holt's claim that Stanford Financial's corporate lawyer gave her up at the SEC. "But I could have pled the 5th!"
3. Legal Advice - Torture is Okay or May we Prosecute the Lawyers?

Top Ten Public Official Crimes
1. Governor Blago of Illinois. Probably, the honest services of a public official. I know I could get all ten from the disclosed wiretaps.
2. Gift to a Public Servant (Texas styled exceptions.)
3. State Bribery v. Federal Bribery
4. Public Meetings Violations
5. Improper use of funds

I prefer real problems whether reported case or not. I will review all suggestions but I make no promises. Since the Civil Law Seminar has roughly 50 per cent prosecutors I never worry about an overlap.

Posts: 267 | Location: Mansfield, Texas | Registered: August 07, 2001Reply With QuoteReport This Post
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Let me begin with a disclaimer, my three suggestions are not as a result of practices in my present home county.

Official misconduct:
1.) Failure to comply with a legitimate open records request. I.e.: A City Manager tendering requested files in machine language rather than the form that the requested data was used.

2.) Abuse of authority by implicitly misrepresenting the law. I.e.: Clerk insisting on knowing a citizen�s name and/or purpose in wanting to see a juicy court file that she kept in HER desk drawer. She never said that the citizen could not see the file; she would just stand silently at the counter and do nothing after she made her inquiries and if the citizen complied she would tell them that it would not be available until several hours later and if they did not answer her questions she would just stand at the counter until they left.

3.) Ex Parte communications. How can one lawyer tell another that: 1.) a case is going to be continued, or 2.) a judge wants a pre trial hearing on a particular issue, or 3.) a bond is going to be raised/reduced, or 4.) that a case will/not be reached for trial, without an ex parte communication? (This entry fits all too well in both Official and Prosecutor categories.) I acknowledge that each of these examples could be legit. But, I am referring to the fact patterns when they are not.
Posts: 44 | Location: Amarillo, Tx, USA | Registered: March 03, 2008Reply With QuoteReport This Post
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