re: Orleans DA is sued over their "fake subpoenas"

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Prosecutors and public defenders are supposed to be adversaries in the courtroom. But prosecutors have a significant upper hand: a largely unchecked power to bring criminal charges against anyone they want. In most parts of the country, prosecutors don’t wield this tool against their own professional opponents. But in New Orleans, it’s become a pattern.

At least six defense attorneys and investigators say they faced threats of criminal charges by the Orleans parish district attorney for doing their jobs, the Guardian has found. Since DA Leon Cannizzaro took office in 2009, the attorneys have been accused of kidnapping, impersonation and witness tampering in the course of defending their clients. Each case has failed to stand up to scrutiny: all charges that have been brought were eventually dropped or overturned.

Legal experts said the practice of charging public defenders is highly unusual and raises ethical concerns.

“I can’t think of any way to justify what the prosecutor’s office has done,” said Bennett Gershman, a professor at Pace Law School who studies prosecutorial misconduct. He said prosecutors could be using their charging power to gain a competitive advantage or to intimidate defense attorneys.

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