Wednesday, March 17, 2004

‘Misconduct’ charge may be tip of iceberg

The public has generally believed in the righteousness of the nation’s prosecutors. While many people criticize police conduct, few raise objections to the behavior of prosecutors, even when their methods are rather coercive. This is in part due to the feeling that such tactics are necessary to uproot entrenched evil. However, there are boundaries, Mr. Harris.

More often than not, prosecutors step over these boundaries. There are ethics rules and guidelines created by the State Bar of Georgia and our elected officials to curb these types of delinquencies.

But the recent revelations of Mr. Harris and the solicitor’s office expose a serious decline in ethical standards. The relentless pursuit of the truth that has symbolized their occupation must now be applied to their own ranks to raise the overall level of ethical conduct.

We should expect these type of actions from Mr. Harris, our elected solicitor, a graduate from an unaccredited law school. A school which is not accredited by the American Bar Association indicates that the institution cannot meet minimal faculty, scoring, funding, and curriculum requirements to legitimize its legal education. Do you really want a person in public office who apparently was not a sufficient candidate for an approved legal education?

Sloppy legal work is one matter, but it a more concerning matter when compromises in prosecutorial behavior are reached. Prosecutors must uphold the highest standards of self-discipline. They alone have the right to indict criminal suspects and to present cases before courts for punishment. Those in a position to pass judgment on the behavior of others must themselves be beyond reproach.

This recent exposure of events which took place between Mr. Harris and defendant Swart could possibly the first of which the public has become aware. The recent revelations coming from the solicitor’s office, whether it is the questionable use of county automobiles or scolding by judges for “horrible” actions certainly raise my eyebrow.

It is these types of questionable deeds and tactics that can have a solicitor replaced, but definitely reprimanded.

If you feel that certain tactics or representations by Mr. Harris, or any other attorney acting on behalf of the state or an individual, have been questionable in ethics or in practice, it is your duty as a citizen to convey them to the appropriate overseeing bodies: The State Bar of Georgia (www.gabar.org) and/or The Prosecuting Attorney’s Council of Georgia (www.state.ga.us/pacg/main.html).

For reference, look up “The State Bar of Georgia Handbook — Part IV: Georgia Rules of Professional Conduct” on the Internet.

Bruce Foster

brucefosterga@hotmail.com