Independence

Last week, I moderated a panel on ethics with former U.S. Attorney John McKay, current U.S. Attorney Jeff Sullivan, and Clark County Prosecutor Art Curtis.

The discussion focused on the independence of the Prosecutor and the injury to the legal system when the work of prosecutors is made the subject of partisan political pressure.

As a case example, John McKay, now a professor at Seattle University, discussed his firing by U.S. Attorney General Alberto Gonzales for reasons that were unrelated to his performance as the U.S. attorney for Western Washington.

We discussed other ways that "political pressure" is brought to bear on prosecutors who are making locally unpopular decisions, whether by letters, phone calls, editorials or conversations with those who control the purse strings of the office.

We recognized the enormous responsibility prosecutors have in starting and halting prosecutions. We discussed what happens when prosecutors, like Mike Nifong in North Carolina rush to judgment, and we also discussed how justice delayed is justice denied. Finding the proper balance is not easy, and prosecutors need the courage to talk about their responsibility to society as a whole and their relationship in the legal system.

I was most impressed with the willingness of John McKay to speak out on the subject of his firing, a subject that ultimately led to the resignation of Alberto Gonzales. The room was packed with over 300 deputy prosecutors listening to the the ways in which th speakers found within their own conscience the touchstone to guide their action through difficult ethical situations.

Prosecutors and judges share the need to think independently and to have the courage to make the decisions that are unpopular and contrary to the wishes of certain certain interest groups. It requires a strong foundation of beliefs, a commitment to the rule of law, and a solid ethical approach.