I.
According to studies cited by witnesses who testified in front of the Statewide Commission for Attorney Discipline in New York, New York and Texas are leading the nation in the number of wrongful convictions.
At the public hearings before the Commission witnesses asserted, and members of the Commission tried to deny that the problem of non-enforcement of attorney discipline against prosecutors even exists.
At the same time, New York State Legislature:
1) fights on appeal a lawsuit (Neroni v Zayas) asserting that selective enforcement of attorney discipline exists; and
2) promotes a bill to create an "independent" Commission to deal with prosecutorial misconduct - while attorney grievance committees already have such authorities, but obviously do nothing.
In my view, assertion of these two diametrically opposite directions is frivolous as to the opposition to the appeal - but courts never punish state defendants for frivolous conduct, one more point of selective enforcement.
The District Attorneys' Associations, according to a witness who testified at the Buffalo public hearing before the Commission, "descended upon the Capitol as a bunch of paratroopers" (citing from recollection) in order to prevent creation of such a commission.
From the "brother state" in wrongful convictions, Texas - today's news about yet another prosecutor exposed for committing misconduct, this time by the court (a rarity), but without any sanctions (the usual).
II.
New York and Texas are not prosecuting its criminal prosecutors for misconduct (hence, more wrongful convictions).
III.
New York does prosecute attorneys who criticize prosecutorial misconduct - and gives them no rights during those proceedings, like no discovery - contrary to 40 other states who do give such discovery rights.
IV.
Federal courts dealing with non-prosecution of selective enforcement of attorney discipline in New York make such lawsuits go away, not without "incentives" from the market players, on the alleged grounds that "private citizens have no justicially recognized interest" to make such challenges.
V.
And, finally - New York is leading the nation in exodus of its residents from the State.
So, people run from New York in droves while criminal prosecutors descend upon the Capitol as a bunch of paratroopers trying to prevent any efforts to enforce laws against law enforcers.
Any surprises?
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