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August 27, 2018

Rackauckas Prosecutor Suspended by California State Bar Court for Cheating

 

 

Repeat “Systemic” Cheating and Arrogant Lack of Remorse Demand Rackauckas Replacement

 

The State Bar Court of California ordered an Orange County prosecutor suspended from the practice of law for conduct that “significantly undermines the public’s trust in the criminal justice system... and fell painfully below the standard of care... required of a prosecutor in any case.” The prosecutor repeatedly failed to turn over exculpatory evidence to the defense as required by the California Penal Code and the United States Constitution in a non “Snitch Scandal” case. The Court found her “grossly negligent.”

 

Incredibly, in a statement that demonstrates his lack of a moral or ethical compass, Orange County District Attorney Tony Rackauckas said that his prosecutor “fully complied with her legal and ethical obligations” in the case. The Court found that in failing to follow these basic principles of criminal law, the prosecutor “lost sight of her prosecutorial duties....”. The Court recommended suspension for six months and two years of probation in order “to protect the public, the courts and the legal profession.”

 

At a hearing in State Bar court, the disciplined prosecutor testified that “she did nothing wrong, that she fully complied with her legal and ethical duties, and that she would do the same thing again.” Her statement shows a complete lack of understanding of the role of a prosecutor in our justice system. It is also evidence of another truth - she and her colleagues received little or no training on the law and ethics from their current boss, Tony Rackauckas.

 

This case is just the latest example of Tony Rackauckas’ failure of leadership as the District Attorney. It follows the recusal of Rackauckas for unethical conduct from the Scott Dekraai case, the mass murderer of eight innocent people in Seal Beach. Numerous reports and court decisions have found that misconduct by Rackauckas is “systemic.” Put in plain words, Rackauckas looks the other way when some of his prosecutors cheat. Until now, Rackauckas has argued misconduct has been limited to the “Snitch Scandal”. Now we know the ethical problem is systemic and wide-spread.

 

Todd Spitzer, seeking to retire Rackauckas from office for his continuing malfeasance and unethical leadership stated, “The District Attorney should defend the conduct of his prosecutors at every turn when they are enforcing the law in a professional and ethical manner. However, if I was informed of misconduct by a prosecutor, I would investigate the incident. If found to be true, the prosecutor would receive the appropriate training. Intentional misconduct would result in discipline. The Office of the District Attorney cannot and will not tolerate prosecutors who cheat to win.”

 

Spitzer continued, “This all falls on Rackauckas. His failure of ethical leadership has resulted in a culture of cheating. This will not be tolerated when I am the District Attorney. The Orange County District Attorney’s Office under my leadership will seek justice in a fair and ethical manner.”

 

To read the entire court decision go to: www.calbar.ca.gov In the attorney search, enter the name Sandra Nassar. A pdf of the decision is attached to her State Bar profile or use the following link: http://members.calbar.ca.gov/courtDocs/14-O-27.pdf


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