New York Judge John Hall: a prosecutor's duty is to zealously represent the complainant

 I came across a news report about a judge, who is still a County court judge deciding criminal cases, who has a belief that the duty of the prosecutor is to "zealously represent the complainants".  

The name of this winner is Judge John Hall of Warren County/Surogate's Court.

His statement is dating back to 2006, so I wonder how many convictions he approved since then with such a mentality.

Judge Hall stated, in his decision in 2006, while overturning a conviction of a local publisher, because the special prosecutor actually acknowledged that what the publisher did was constitutionally protected free speech, that such "conduct" of special prosecutor raises questions as to the special prosecutor's ability to be a special prosecutor, because, in Judge Hall's view, the duty of a prosecutor is to zealously represent the complainant.

The statement of Judge Hall in his decision regarding the special prosecutor has triggered a "petition drive" in the community to have the special prosecutor removed, because she did not zealously serve the complainants.

Yet, the courageous - and honest - special prosecutor Mary Moule responded to that drive that she is not stepping down, there is no basis for removal and that her "position on behalf of the people (of the state of New York) has not changed".

When a judge presiding over a criminal court says what Judge John Hall said in 2006, he should have been IMMEDIATELY removed from office, because what he considers as the DUTY of a criminal prosecutor, is grounds for REMOVAL of a prosecutor - if the prosecutor thinks he or she represents a "complainant" instead of the People of the State of New York.

Was he removed from office?

Obviously, not, because he is still listed as County/Surrogate's Court judge for Warren County.

Moreover, he was appointed by another winner, Jonathan Lippman (now the Chief Administrative Judge for the State of New York), who was then Chief Administrative Judge of the State of New York, for a position of Acting Supreme Court Justice.

And - guess what - he is the current president of the Warren County Bar Association, even though he is prohibited - by the State Constitution - to practice law since he has first come to the bench in 2004.

Here is Judge Hall with all of his credentials I wrote about above, as reported on the site of New York State Court Administration.

I wonder if judicial candidate and Delaware County District Attorney Richard Northrup got training from this judge in his understanding of his prosecutorial duty as zealous representation of Derek Bowie, nephew of Richard Northrup's employee Jeff Bowie, against Barbara O'Sullivan, victim of Derek Bowie's vehicular assault.

But then, how about zealous representation of Barbara O'Sullivan against Derek Bowie? 

Yet, this is what the duty of a criminal prosecutor is, let's demand from prosecutors and judges to drill it through their heads, remember it and adhere to it:

Berger v. United States, 295 U.S. 78, 88 (1935):

"The United States Attorney is representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense that servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."

Taylor v. United States, 413 F.2d 1095, 1096 (D.C. Cir. 1969)

“[T]he Government may prosecute vigorously, zealously with hard blows if the facts warrant, for a criminal trial is not a minuet. Nevertheless, there are standards which a Government attorney should meet to uphold the dignity of the Government.” Prosecutors have a dual duty to “guard the rights of the accused as well as to enforce the rights of the public.” ABA Standards Relating to the Prosecution Function and the Defense Function, § 31.1 (1971) (Comm. at 44).

And the question remains - why didn't the judicial system get rid of Judge Hall after his bad-mouthing of a criminal prosecutor who DID HER DUTY in refusing to support unconstitutional charges and stating on record that her duty is to zealously represent the complainant and her stand in opposition to continuing an unconstitutional charge somehow makes her unfit for her position - which triggered a campaign of harassment of the prosecutor by the locals.

In fact, if Judge Hall overturned the conviction, he had absolutely no business to engage in prosecutor-bashing because she deemed the charge (that she inherited from a prior prosecutor) unconstitutional.

There is no statute of limitation on judicial discipline.

Will Judge Hall be disciplined now?

Will criminal cases where he presided be scrutinized now?