It’s a long story, how I tried to resign as an attorney and they wouldn’t let me, and how they’ve tried – and so far succeeded – in covering it all up. Maybe it’s an important story, and not just for me. But let me begin by quoting from the seminal US Supreme Court case (Imbler v. Pachtman, 424 US 409) holding that prosecutors are “absolutely immune” from lawsuits holding them liable for constitutional violations, and I ask the reader to keep this in mind as we run through the numbers here:
We emphasize that the immunity of prosecutors from liability in suits under § 1983 does not leave the public powerless to deter misconduct or to punish that which occurs. This Court has never suggested that the policy considerations which compel civil immunity for certain governmental officials also place them beyond the reach of the criminal law. Even judges, cloaked with absolute civil immunity for centuries, could be punished criminally for willful deprivations of constitutional rights on the strength of 18 U. S. C. § 242, the criminal analog of § 1983. O’Shea v. Littleton, 414 U. S. 488, 503 (1974); cf. Gravel v. United States, 408 U. S. 606, 627 (1972). The prosecutor would fare no better for his willful acts. Moreover, a prosecutor stands perhaps unique, among officials whose acts could deprive persons of constitutional rights, in his amenability to professional discipline by an association of his peers. These checks undermine the argument that the imposition of civil liability is the only way to insure that prosecutors are mindful of the constitutional rights of persons accused of crime.
Emphasis, as we say, supplied.
Lawyers, including District Attorneys (in theory) are subject to professional discipline. In New York, that discipline is administered by the four Appellate Divisions, one of which – the Appellate Division, Fourth Department – is the very same court where all this Sephora Davis stuff was going on. And the Appellate Divisions also over see attorney admissions to practice. And they also receive attorney resignations and a panel of judges “rules” on attorney requests for resignation.