Attorney Discipline

Practice of law while suspended

People v. Vigil (2008) 169 Cal.App.8

In re Johnson (1992) 1 Cal.4th 689. “representation by an attorney who has submitted a resignation with disciplinary proceedings pending, and has as a result been placed on inactive status, denies a criminal defendant the counsel guaranteed by article I, section 15 of the California Constitution”;

People v. Ngo (1996) 14 Cal.4.th 30

People v. Anderson (2015) 234 Cal.App.4th 1411

People v. Shea (July 31, 2009, No. A121745)

People v. Medler (1986) 177 Cal.App.3d 927

Prosecutors

United States v. Providence Journal Co. (1988) 485 U.S. 693

People v. Carlucci (1979) 23 Cal.3d 249

Macon v. Lynch (C.D. Cal, Sept. 8, 2022 NO. 21-cv-06857-JAK-KES) 2022 WL 16541872

Woods v. United States (M.D. North Carolina Nov. 16, 2010, Nos. 1:09CV917, 1:06CR189–2) 2010 WL 4746138

Although the practice of law by an unlicensed or improperly licensed prosecutor is an unusual situation, it is not unique or unprecedented. In fact, it has occurred on several occasions in courts across the country. Most courts facing the dilemma have ruled that a defendant does not have a constitutional right to a properly licensed prosecutor, that the prosecution of a case by an unlicensed or improperly licensed prosecutor does not automatically violate a defendant's rights, and/or that a defendant must show some sort of prejudice in order to challenge his conviction. Hamilton v. Roehrich, 628 F.Supp.2d 1033, 1050–54 (D.Minn.2009); Munoz v. Keane, 777 F.Supp. 282, 284–87 (S.D.N.Y.1991), aff'd sub nom. Linares v. Senkowski, 964 F.2d 1295 (2d Cir.1992); People v. Carter, 77 N.Y.2d 95, 106–07, 566 N.E.2d 119, 123–24 (1990); Ali v. Minnesota, Civil No. 09–1389, 2010 WL 145280, at *5 (D.Minn. Jan. 8, 2010). At least one court has held that a prosecution pursued by a prosecutor without a proper license is still valid because, although not qualified for her job as a prosecutor, she was nevertheless given the job by the government. This made her a “de facto officer” whose acts on behalf of the government were valid. Parker v. United States, Nos. 4:98CR00236GH, 4:03CV00058GH, 2006 WL 2597770, at *13–15 (E.D.Ark. Sept. 8, 2006); United States v. Deaton, Nos. 4:99CR87GH, 4:04CV2252GH, 2005 WL 1922877, at *3–5 (E.D.Ark. Aug. 9, 2005). There is a decision from Illinois in which a state court held that prosecutions by an unlicensed prosecutor are per se invalid. People v. Dunson, 316 Ill.App.3d 760, 763–70, 737 N.E.2d 699, 702–06 (2000). Nevertheless, the court in Dunson relied solely on state, not federal, law and declined to decide whether or not a due process violation had occurred. No case of which the court is aware has held that there is a federal constitutional right to a properly licensed prosecutor or that prosecution by an unlicensed prosecutor invalidates a conviction or plea agreement based on any federal right in the absence of a showing of prejudice.

• 2 This court agrees with the cases concluding that there is no constitutional right to a properly licensed prosecutor and that a defendant or petitioner must show prejudice in order to raise a claim based on a prosecutor's licensing deficiencies.

110 CRIMINAL LAW > XXXI. COUNSEL, k1690-k2210

(A) COUNSEL FOR PROSECUTION, k1690-k1709 (174)

Prosecutor immunity

Prosecutors are protected by immunity from claims that rely upon decisions made and actions taken by the attorneys within the scope of their roles as advocates. Kalina v. Fletcher, 522 U.S. 118, 125-26, 130-31, 118 S.Ct. 502, 139 L.Ed.2d 471 (1997); Imbler v. Pachtman, 424 U.S. 409, 430-31, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976).