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but probably won't stand as the Governor is technically the head of prosecution and would therefore have a conflict of interest with every case. I only skimmed

by hga 10y ago

but probably won't stand as the Governor is technically the head of prosecution and would therefore have a conflict of interest with every case. I only skimmed the discussion a bit and searched for keywords, but I'm not sure how that can be true when we have an independently elected Attorney General. Unlike the unitary executive system of the Federal executive, where the President can fire the AG at will (see e.g. the other Nixon's Saturday Night Massacre), I don't think the state governor has any power over the AG's office besides I guess the same power to defund him that Nixon did to create this situation in the first place. Or I'm forgetting details perhaps never taught in 7th grade state level civics, back in the early-mid '70s.

Overtonwindow 10y ago
You might be forgetting that the Governor has the authority to commute and pardon. As a defense council, that would give an unfair advantage. Not only that, the Judge would most likely overrule this as prejudicial to a jury. If that's not enough I wonder if there's a law forbidding an elected official from holding another appointed position. One more thing: Article IV section 2 of the Missouri Constitution says that the "governor shall take care that the laws are distributed and faithfully executed, and shall be a conservator of the peace throughout the state." Which would seem to conflict with the practice of defense council.
- lukeschlather 10y ago
  People have a legal right to counsel. Also, people are innocent until proven guilty by a judge and jury. Your suggestion that serving as defense counsel would conflict with faithful execution of the laws or conserving the peace is sad. I'd say exactly the opposite is true. If there's a conflict of interest it's because the governor doesn't really want to faithfully execute the law, the governor wants to maximize convictions without regard for the law.
  - Overtonwindow 10y ago
    Hypothetically speaking, could the Governor acting as defense council not issue a pardon on the spot? I think you're being extremely naive to think the Governor can walk into court and act as defense council without a single worry.
    - hga 10y ago
      If his client was found guilty, or took a plea bargain, and he then didn't issue a pardon, he'd be making an implicit statement that he thinks the defendant was indeed guilty.... Whatever the Constitutional issues, it's messy for sure, although as noted he could take on the case after he steps down, he just won't be able to spend as much time with his family ^_^.
Digory 10y ago
The Governor is still the supreme executive, and the prosecutorial power is in the executive branch. The Attorney General is elected, but he's overseeing some work of the executive branch -- like the State Auditor or Secretary of State. Gov. Nixon's conflict, of course, ends after another +/- 150 days. I bet the defendant can get a short extension, if he wants this lawyer -- and if he's free on bail, Jay Nixon is probably a better choice than another random Missouri lawyer. Of course, the Governor could pardon Defendant if he thought he was innocent. (That's probably another layer of conflict of interest under the ethics rules.)

by hga 10y ago

Overtonwindow 10y ago

You might be forgetting that the Governor has the authority to commute and pardon. As a defense council, that would give an unfair advantage. Not only that, the Judge would most likely overrule this as prejudicial to a jury. If that's not enough I wonder if there's a law forbidding an elected official from holding another appointed position. One more thing: Article IV section 2 of the Missouri Constitution says that the "governor shall take care that the laws are distributed and faithfully executed, and shall be a conservator of the peace throughout the state." Which would seem to conflict with the practice of defense council.

lukeschlather 10y ago
People have a legal right to counsel. Also, people are innocent until proven guilty by a judge and jury. Your suggestion that serving as defense counsel would conflict with faithful execution of the laws or conserving the peace is sad. I'd say exactly the opposite is true. If there's a conflict of interest it's because the governor doesn't really want to faithfully execute the law, the governor wants to maximize convictions without regard for the law.
- Overtonwindow 10y ago
  Hypothetically speaking, could the Governor acting as defense council not issue a pardon on the spot? I think you're being extremely naive to think the Governor can walk into court and act as defense council without a single worry.
  - hga 10y ago
    If his client was found guilty, or took a plea bargain, and he then didn't issue a pardon, he'd be making an implicit statement that he thinks the defendant was indeed guilty.... Whatever the Constitutional issues, it's messy for sure, although as noted he could take on the case after he steps down, he just won't be able to spend as much time with his family ^_^.

Digory 10y ago

The Governor is still the supreme executive, and the prosecutorial power is in the executive branch. The Attorney General is elected, but he's overseeing some work of the executive branch -- like the State Auditor or Secretary of State. Gov. Nixon's conflict, of course, ends after another +/- 150 days. I bet the defendant can get a short extension, if he wants this lawyer -- and if he's free on bail, Jay Nixon is probably a better choice than another random Missouri lawyer. Of course, the Governor could pardon Defendant if he thought he was innocent. (That's probably another layer of conflict of interest under the ethics rules.)