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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
by 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 agoPeople 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 agoHypothetically 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 agoIf 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 ^_^.