Prosecutors are entrusted with unique powers and responsibilities. When prosecutors fail to act ethically, the consequences can undermine justice and erode public trust. Complaints against prosecutors are particularly relevant because their role is tied directly to disclosure under Brady v. Maryland and its progeny.
Complaints may be filed by defendants, defense counsel, witnesses, or members of the public. Submissions must identify the prosecutor, describe the misconduct, and include relevant supporting documents. Complaints may be referred to professional responsibility boards, bar associations, or oversight agencies.
The Brady List includes prosecutor complaints to ensure disclosure obligations are met even when official oversight bodies fail to act. Inclusion on the list ensures that defense attorneys and courts are aware of credibility issues that could affect the fairness of proceedings.
Complaints against prosecutors can lead to bar discipline, loss of cases, reputational harm, and in serious cases, disbarment or criminal liability. Public visibility of these complaints helps safeguard due process and restore balance in the justice system.
While he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
- Berger v. United States, 295 U.S. 78 (1935)
