Why Does Nifong still have a job?

I am really serious. He was originally appointed by the Governor, who has said (although very late in the game) that Nifong is the worst appointment he has ever made and that he almost "unappointed" (his word) him. I know that IF he loses his law license he will lose his job as District Attorney because he will no longer be a licensed attorney - but considering the AG has called him a "rogue" and blamed him for the Duke debacle - why is he still in the job?

a recall, I think.

elected this time around, so I suppose you are correct about a recall.

I know that there are (or used to be) states where you could run for judge without being a lawyer.

fortunately. :-)

edit: To clarify, you do need a license to practice law here, regardless of position. Some days, I'm a little too cryptic.

Which IMHO it should have, but Gonzales isn't interested. So that's one avenue to removing him that hasn't been taken.

I think the real answer to your question is that he's gonna be disbarred soon so no one wants to bloody their own hands unnecessarily when the dirty work will be done by the state bar.

I was besides myself reading Nifong's apology followed by his basically asking for bygones to be bygones and can't we all just get along?

Nifong is a Democrat, IMHO he will be disbarred, and they would like nothing better than to take out a local Democratic District Attorney for political purposes.

However, the DOJ is going to keep a very low profile, and once Nifong leaves office there is really nothing to be gained politically by prosecuting him. In all likelihood that would interfere with the civil suits heading down the pike toward Nifong, an unpopular move on their part.

so whether he is a real Democrat is debatable, I would say...

I would think that is the domain of the state to remove him for incompetence or whatever legal recourse they have.

Conspiracy denying defendants their constitutional right to a fair trial (by say... conspiring with the head of a DNA lab to deny a defense team exculpatory evidence to which it is legally entitled to in that state) is a federal felony but like I said, DoJ isn't interested.

to determine whether he gets to keep his license or not.

I'm guessing not, but I'm not a lawyer.

There will be no backroom deal cut. THey are in the midst of formal proceedings against Mr. Nifong. He has asked that the charges be dismissed, which is highly unlikely due to the nature of the charges(hiding and withholding exculpatory evidence).

I just checked WRAL and no reports yet on the outcome.

... past the point of informal discussions with the State Bar.

Nifong ran for reelection to his position as District Attorney. He cannot be discharged from that position except for cause(ie. criminality, failure to carry out his responsibilities, etc.).

He does have to be a licensed attorney in good standing and a member of the North Carolina State Bar to meet the minimum requirements to hold that office.

The Governor appointed him to finish out an unexpired term --and Gov Easley says Nifong promised him he would not run for reelection when that term ended, which he broke that promise.

The NC State Bar can discipline any attorney, even those holding positions as prosecutors, for misconduct --which includes both criminal and ethical violations. The NC State Bar can disbar an attorney for violations, or suspend his license, or publicly reprimand him, or censure him, or send him a warning letter. However, to apply those sanctions there must be charges brought, a hearing conducted with the opportunity for both sides to present evidence, just like a trial. That is what is happening right now. There has not been a decision reached in that proceeding yet.

Hope this helps you to understand the present status of Mr. Nifong.

I guess we are 'Waiting to see what happens" , and I suppose it is true that others are hesitant to get their hands dirty when the process currently underway will likely (hopefully) take care of the matter.

I will try to distill it, but forgive me if I leave out impt facts.

This case is being watched very closely because it grew out of these Defense Attorneys using a recent change in the discovery law in this case that originated out of a death penalty case that was overturned because of prosecutorial misconduct.

In simple terms, defendant Alan Gel was in jail at the time a murder occurred. The prosecutors knew this, withheld evidence that would have proven Gel could not have committed the crime, and withheld evidence that their star witness made the statement that she 'had to make up a story for the police.' None of this evidence came out for years, until on appeal the prosecutor had to open his files and an appellate defense attorney discovered the prosecutor and law enforcement had conspired to hide the evidence from the defense counsel.

After a series of front page investigative articles in the News and Observer, there was a hearing convened ordering the disclosure of the evidence and Alan Gel was released from prison. The prosecutor and law enforcement office in that case were not punished. The public was outraged.

As a result the NC Legislature passed an 'open file' discovery law, requiring that the prosecutor in serious felony cases had to open their files to the defense attorneys from the start. That changed the previous law that allowed the prosecutor to withhold from defense counsel any evidence that might bear on credibility of a witness until after they had first testified AT THE TRIAL.

After numerous motions by Defense Counsel, Nifong was forced by the Court to release the DNA evidence and other evidence to defense counsel in this case, which showed the Duke Lacrosse players could not have committed the crime.

THere is more, but the practical effect is that there is a pending bill in the NC Legislature which law enforcement and state prosecutors are seeking to do away with this 'open file' discovery law. THis case is a perfect example of how the law works to ensure justice is done.

We have had 6 death row inmates vindicated and released in NC. Yet our Dem governor Mike Easley, a former prosecutor, opposes a moratorium on implementing the death penalty, and he opposed the 'open file' discovery law. However, NC did create an innocence commission that provides a post trial/post appeal second look at certain cases where the defendant was denied DNA analysis and has new evidence that proves his innocence. It has a limited application but is a start.

The Duke Lacrosse Players Rape case fits right into this current struggle. It cannot be said too many times that Defense Counsel for each of these defendants did a tremendous job, had to work day and night, and push with all their might to make the new 'open file' discovery law 'work.' ANd what they did in this case will likely benefit defendants who are less well off economically. They really have done a public service and are heroes in every respect of the word.

As concise as I could be and still get to the main points.