As the North Carolina State Bar continues its ethical investigation into Durham District Attorney Mike Nifong's conduct during the Duke lacrosse case, some politicians are unconvinced that the state inquiry will be sufficient.
Nifong will go before the State Bar Disciplinary Hearing Commission June 12.
F. Lane Williamson, chair of the commission, set a requirement that the Bar submit its expert witness list by April 15 and that Nifong submit his own list of witnesses by May 1.
A conviction by the commission could leave Nifong without a license to practice law.
Sen. Barack Obama, D-Ill., said recently he endorses a federal investigation of Nifong, which several other politicians, including Rep. Walter Jones, R-N.C., have already requested.
Duke Law Professor Thomas Metzloff, said, however, it is probably rash to call for a national investigation at this point in the Bar's proceedings.
"The question of whether or not we should have an investigation by the U.S. Attorney's office, I think, is a bit premature at this point," Metzloff said.
He added that it is important for the State Bar to hear both sides of the case before a decision is made and further investigation requested.
"Each side is represented by a lawyer, and the State Bar's lawyers will be explaining why they believe Nifong violated the rules," Metzloff said. "Mr. Nifong's attorneys will be trying to minimize the implications of these violations."
Metzloff added that some aspects of Nifong's conduct were clear violations of ethical rules, but he believes Nifong's lawyers will claim they were insignificant to the case.
"I think they will concede that some of the statements that Nifong made to the media probably shouldn't have been made," he said. "But they will say these don't constitute serious violations of conduct."
If the State Bar finds that Nifong's violations warrant a federal investigation, there will be time later to further examine the conduct in the case, Metzloff said.
"If at the end of the day there are still concerns about what was done and how it was done, then [a federal investigation] would be appropriate," he said.
Duke Law Professor James Coleman said he doubts the proposed federal investigation has anything to do with the State Bar's ethical investigation of Nifong specifically.
"I think Rep. Jones called for a national investigation independently of any ethical violation," Coleman said.
He added that it is unlikely the U.S. Justice Department would conduct or initiate an investigation until the State Bar investigation arrives at a conclusion.
Metzloff said, however, that politicians do play an important role in representing their constituents and commenting on aspects of the justice system.
"That's their job, and I don't think it's inappropriate for politicians to ask these kinds of questions at all," Metzloff said.
Requests for a federal investigation come just as North Carolina Senate leaders have proposed a bill that would give the governor the authority to suspend a district attorney who faces a State Bar investigation, the Herald-Sun reported.
"I think it is a very interesting piece of legislation that should be given attention," Metzloff said. He added that North Carolina currently does not have the option for a district-attorney recall, which exists in several other states.
Coleman said the public currently relies on a prosecutor to remove himself from the case, adding that this undermines public confidence in the integrity of the judicial system.
"The public would have more confidence in the outcome if a prosecutor who is apparently laboring under ethical violations is not making the decisions in the case," he said.
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