Prosecutorial Power Conference: (Left) Professor Michael Tigar; (Right) U.S. District Court Judge Reggie Walton

On October 26, 2007, ACS and the Washington College of Law at American University held an exciting one-day conference on prosecutorial power. Chaired by Professor Angela J. Davis, the conference was entitled "The American Prosecutor: Power, Discretion and Accountability."

A discussion on the power of the prosecutor is both timely and necessary. Recent events in national news, including the proper role of U.S. Attorneys and the allegations of prosecutorial misconduct in the Duke alleged rape case, demonstrate the need to explore this important subject.

The conference opened with remarks by Professor Davis, thus setting the stage for the conference. It then held panel discussions focused on key themes drawn from Professor Davis’ recently published book, Arbitrary Justice: The Power of the American Prosecutor. The panel discussions were organized on the following topics: "Charging and Plea Bargaining," "Prosecutorial Misconduct," and "Prosecutorial Ethics." It concluded with "Ideas for Reform" and closing remarks that synthesized the major themes of the day.

The event drew upon a range of speakers representing diverse viewpoints for the panel discussions, including law professors, prosecutors, defense attorneys and judges. Professor Michael E. Tigar, internationally known defense attorney, scholar and author, made the keynote address to the conference.

For a full agenda, please click here.

Video of the event:

• Opening Remarks and Welcome: Professor Angela Davis, Dean Claudio Grossman, Washington College of Law, and Liz Seaton, ACS.

• Charging and Plea Bargaining: This panel explored the pros and cons of the vast discretion prosecutors exercise when deciding whether to charge or offer a plea bargain in a criminal case. The panel featured: Professor Dan Richman, Columbia Law School; The Honorable Pat Jessamy, State’s Attorney for Baltimore City; The Honorable Gerald Bruce Lee, U.S. District Court for the Eastern District of Virginia, and William Moffitt, Esq., Defense Attorney and former President of the National Association of Criminal Defense Lawyers. Professor Carol Steiker of Harvard Law School moderated the panel.

• Prosecutorial Misconduct: In recent years, studies by investigative reporters at the Chicago Tribune and the Center for Public Integrity suggested that prosecutorial misconduct is a pervasive problem in the criminal justice system. This panel examined the extent of the problem, its ramifications and the effectiveness of existing legal remedies. The panel featured: Professor Barry Scheck, Co-Director, The Innocence Project, Cardozo School of Law; Professor Gerald Uelmen, Santa Clara School of Law, and Executive Director of the California Commission on the Fair Administration of Justice; The Honorable Nancy Gertner, U.S. District Court for the District of Massachusetts; The Honorable Craig Watkins, District Attorney for Dallas County; and Kelli H. Ferry, Assistant United States Attorney, Eastern District of Virginia. Professor Cynthia Jones of American University Washington College of Law moderated the panel.
• Power, Discretion and Accountability - Luncheon Keynote: Michael Tigar, Research Professor of Law at American University Washington College of Law, Visiting Professor of Law at Duke Law School, and Professeur InvitĂ© at the FacultĂ© de droit, UniversitĂ© Paul Cezanne, Aix-en-Provence. With a tribute to The Honorable Andrew Sonner, former State’s Attorney for Montgomery County.
• Prosecutorial Ethics - Do the Rules Apply to Prosecutors?: This panel discussed whether the current rules and disciplinary process effectively hold prosecutors accountable for misconduct and other ethical violations. The panel featured: The Honorable Reggie Walton, U.S. District Court for the District of Columbia; Elizabeth Branda, Esq., Executive Attorney, D.C. Board of Professional Responsibility; Professor Bruce Green, Fordham Law School; and Earl Silbert, Partner, DLA Piper, former U.S. Attorney for the District of Columbia and the first Watergate prosecutor. The panel was moderated by Professor Steve Saltzburg, George Washington University Law School.
• Ideas for Reform - Innovative Prosecutorial Programs and Remedies for Abuse: This panel highlighted innovative projects and initiatives across the country that are seeking to reform and improve the prosecution function. The panel featured: Wayne McKenzie, Director, Vera Institute Prosecution and Racial Justice Project; The Honorable Glenn C. Ivey, State’s Attorney for Prince George’s County; Francis Carter, Partner, Zuckerman Spaeder; and former Director of the D.C. Public Defender Service; and John Terzano, President, The Justice Project. Professor Jamie Raskin of American University Washington College of Law moderated the discussion.