Legal News

Citing ethics violations, judge suspends ADA for four years

By Richard Binder

A California State Bar judge has suspended an assistant district attorney in Santa Clara County for four years based on findings he withheld evidence and committed other abuses of power.

In a scathing 67-page ruling, Judge Pat McElroy described Ben Field as an "overzealous'' prosecutor who violated a host of ethical rules in four criminal cases, ranging from disobeying judges' orders to hiding crucial evidence from defense lawyers that could help their clients. The judge's decision was based on a series of hearings held last year in which bar prosecutors charged Field with a string of misconduct in cases dating back to 1995, and she largely accepted the prosecution's depiction of the case against Field.

McElroy, however, took the extraordinary step of recommending punishment more severe than prosecutors had sought. Bar prosecutors had recommended that Field be suspended from practicing law for three years, ordinarily the stiffest penalty handed down in discipline cases short of disbarring an attorney.

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Full post as published by Legal Pad | LA on February 12, 2009 (boomark / email).