State Bar denies grievance against DA | Amarillo Globe-News
The State Bar of Texas has denied an Austin-based group’s grievance against Randall County Criminal District Attorney James Farren, rejecting claims that he concealed evidence, coerced testimony and threatened key prosecution witnesses in the Brittany Holberg capital murder case.
The U.S. Supreme Court granted prosecuting attorneys absolute immunity from prosecution for deliberate misconduct in 1976. The following year, they extended those immunities to prosecutors’ supervisors. Bar associations alone are supposed to hold attorneys, especially public attorneys, accountable. But they won’t. When they do pretend to hold attorneys accountable (likely less than .001% of the time that complaints have become known to them), their proceedings are in secret, and subject to no oversight whatsoever.
Via malicious prosecutions that led to wrongful convictions and wrongful executions, those Supreme Court rulings that gave prosecutors and their supervisors immunity from prosecution became as deadly as Plessy v Ferguson, which claimed that separate facilities for whites and blacks were equal.
The ruling that upset Plessy – Brown v Board of Education – should be used to argue prosecutorial civil immunities out of existence, as the majority in the Brown ruling said that anything separate is inherently unequal, and therefore unconstitutional.
Ordinary citizens get arrested and prosecuted for obstructing justice; attorneys do not … that’s separate; that’s inherently unequal; that’s unconstitutional. The argument wasn’t used in Connick v Thompson in 2011, but it should have been, as prosecutorial immunities from prosecution were again reauthorized. Ruth Bader Ginsburg authored the dissent.
If Bar associations are pushed up against a wall over their failure to educate and properly police public attorneys, they will whine their way out of their unconstitutional, hardly-ever-exercised self-policing, fast as fast can be.
The way to push Bar associations up against a wall is to have the IRS Oversight Board retroactively void their tax exemption for unjustly enriching themselves at the expense of citizens that their exemption was granted for them to be of service to. A recent precedent is California voiding Blue Shield’s exemption.
Please sign this petition: