LawReader : OUR MAIN - LAW DIGEST INDEX : LAWREADER PRESS PUBLICATION PAGE

LAWREADER PRESS PUBLICATION PAGE

A NOVEL BY STAN BILLINGSLEY ALICE VS.WONDERLAND *A chilling satirical tale of the abuse of power in the name of lawyer's ethics enforcement*

The Wonderland Castle of the Ministry of Ethics	Order form below Now Only $15.00 First Edition / shipping and handling included To Order: Call 502-732-4617 Or e-mail: firstjudge@aol.com or gwenceo@hotmail.com Please contact us to purchase using a credit card as we cannot set up an automatic system for that process ourselves.
Supreme Court Justice Alice Boone, and respected attorney Jack Kenton are targeted by Chief Justice Madison Hatter and Heather Hart, the Queen of Hearts, for ethics sanctions for having spoken out about perceived wrongs. The all powerful Ministry of Ethics, situated in a faux castle near Keeneland Race Course, uses all its tricks to destroy them. This fictional novel, set in the year 2017, uses biting satire to expose how actual ethics rules could be used to intimidate any attorney who becomes an enemy of those who control the attorney discipline machine. If you have a law license, work for a lawyer, or deal with lawyers, or just want a good scare, you should read this book. The format of a compelling story provides a real learning opportunity on the archane ethics procedures. *Publisher's Warning:* It may not be safe for lawyers or judges to be seen reading this book. The Ministry of Ethics doesn't have a sense of humor, and with the Squeal Rule, their agents are everywhere. Upon request it will be mailed to you in a brown paper wrapper.

This book provides a valuable and painless way to learn lawyer disciplinary procedures in Kentucky. Learn the l7 steps in the hearing process, the Constitutional Assignment rule, and limits on attorneys free speech.

*ORDER FORM*
LawReader. Inc. 314 Seventh Street Carrollton, Ky. 41008		Phone: (502) 732-4617 e-mail contact: firstjudge@aol.com or gwenceo@hotmail.com
LAWREADER PRESS PUBLICATION ORDER FORM
Please mail your check and form to: LawReader Inc.
To Order using a Credit Card: Call (502) 732-4617
Name:
Street/ Suite:
City:
State - Zip:
Publication:	ALICE VS.WONDERLAND
Number of Copies	$15.00 each U.S. Postage & handling included		Total $ Enclosed
______Copies	$15.00 X Number of Copies		$ _________
Publication:	Prosecutorial Accountability
Number of Copies	$29.99 each U.S. Postage & handling included		Total $ Enclosed
______Copies	$29.99 X Number of Copies		$ _________
A PARLIAMENT OF OWLS by Stan Billingsley A sequel to Alice VS. Wonderland The internal investigation of the Ministry of Ethics begins.... Beautiful Athena Scott and her mentor Williston Stafford uncover the dirty linen...and publishes their findings. This book is a serious call for reform of the current attorney discipline rules in Kentucky. The Owls ...are the seven members of the Supreme Court who become aware of the abuses of the Ministry of Ethics. The Jack Kenton free speech battle comes to a climax...Heads fall at the Ministry of Ethics. $18.00, shipping and handling included. Contact LawReader books to order. Phone (502) 732-4617 - E-mail: Gwenceo@hotmail.com Send check and order form to LawReader Books, 314 7th. St., Carrollton, Ky. 41008

lawReader Press Announces an exciting new book

by LawReader Senior Editor Stan Billingsley.

Prosecutorial Accountability

How the Courts and Legislature Protect Prosecutors from Accountability for Violations of Laws, Ethical Rules & Citizen’s Rights

Judge Billingsley’s new book discusses our non-functioning system for ethics accountability for federal and state prosecutors. This book details how the courts have created exceptions to constitutional rights by a misreading of the Harmless Error Rule, by creation of the Admonition Presumption, and by technical appellate rules. These appellate rulings have empowered prosecutors and immunized them from accountability. This book suggests how the playing field may be leveled.

It is hoped that this book will have a positive Hawthorne Effect. (The Hawthorne effect is a theory that subjects who are being studied, improve their behavior simply by being observed.)

Louisville Criminal Defense Attorney Frank Mascagnii III says:

“This book provides a much needed and long overdue resource for every real criminal defense lawyer in Kentucky. Buy it, order extra copies for your fellow warriors at the defense bar, read it, cite it and use it in every case where you are called upon to act to defend your client…

Judge L.J. Todd Hollenbach III (Ret.) and former Commonwealth’s Attorney says:

Judge Stan Billingsley’s treatise on Prosecutorial Accountability provides a thoughtful insight and historic background for discussing the creation of a Prosecutors’ Conduct Review Commission in the Commonwealth of Kentucky. I applaud his efforts.

Former Chase Law School Professor Martin Huelsmann says:

The issues the judge discusses are of particular importance to the Commonwealth of Kentucky… Personally, if a case is reversed on the basis of prosecutor misconduct I would have the prosecutor pay the cost of the defense when he commits prosecutor misconduct from his personal checking account and preclude reimbursement from his employer.

Prosecutors do not have a batting average like a baseball player. Or have a shooting average like a basketball player. Prosecutors should do justice at all costs.

Perhaps Judge Billingsley has sent a message to the Supreme Court, Kentucky Bar Association, the prosecutors, and to all the people in the Commonwealth of Kentucky

Somerset Criminal Defense Attorney Brenda Popplewell says:

This book is a call to action for prosecutors who have the will to do better; a call to action for defense attorneys to aggressively and thoroughly represent their clients; and a call to action for all of us to hold accountable those prosecutors who lack the will to do justice. I think this book should be required reading for all defense attorneys.

	*“Prosecutorial Accountability”* How the Courts and Legislature Protect Prosecutors from Accountability for Violations of Laws, Ethical Rules & Citizen’s Rights. A study of problems and remedies. *This is the one law book you* *Should buy this year!* *LIMITED EDITION - ORDER NOW!* FOR MORE INFO : Call 502- 732-4617
Judge Billingsley's provocative book released by LawReader Press

PROSECUTORIAL ACCOUNTABILITY:

HOW THE COURTS AND LEGISLATURE PROTECT PROSECUTORS FROM ACCOUNTABILITY FOR VIOLATION OF LAWS, ETHICAL RULES & CITIZEN’S RIGHTS - By Judge Stan Billingsley (Ret.)

______________________

“ The prosecutor has more power over life, liberty, and reputation than any other person in America.” —United States Attorney General and Supreme Court Justice Robert H. Jackson

"Power tends to corrupt, and absolute power corrupts absolutely.” Lord Acton, in a letter to Bishop Mandell Creighton, 1887.

By Judge Stan Billingsley (Ret.)

The scales of justice are being increasingly tilted by the courts to favor the prosecutor and government at the expense of citizen’s constitutional rights.

In this book Judge Billingsley examines the rulings of the courts which have created this growing imbalance of power, and suggests remedies for restoring the constitutional protections found in our Federal and State Constitutions.

“Virtually immune from judicial sanction, professional discipline, and civil liability, prosecutors enjoy limitless, unmonitored, and, for the most part, unreviewable power. This power and insulation from review invite abuse and public mistrust, shaking confidence in the criminal justice system.” Duke Law Journal - 57 Duke L. J. 131

“…acts of moral turpitude and constitutional transgression (by prosecutors) are routinely ignored by the Courts and ethics authorities.” ProsecutorialMisconduct.blogspot.com

The growth of unchecked power of prosecutors is shockingly expressed by the following comments of three Justices of the Kentucky Supreme Court who voted to create absolute immunity for acts of Kentucky Prosecutors in a 1994 ruling:

“…the public interest in the unflinching enforcement of the law must prevail over the private interest of a wronged citizen.”

“The… (prosecutor’s immunity from civil claims for malicious prosecution) … is absolute. It protects the public prosecutor against inquiry into his motives, and from liability, even though he knows that he has no probable cause for the institution of the proceedings and initiates them for an altogether improper purpose.”

“This book provides a much needed and long overdue resource for every real criminal defense lawyer in Kentucky. Buy it, order extra copies for your fellow warriors at the defense bar, read it, cite it and use it in every case where you are called upon to act to defend your client… – Louisville Attorney Frank Mascagni, III

TOPICS DISCUSSED IN THIS DETAILED STUDY

index – table of contents	page
ILLUSTRATIVE QUOTES	1
INTRODUCTION
INTRODUCTION	4
PROSECUTORIAL MISCONDUCT AND CONSTITUTIONAL REMEDIES	10
innocence project case files	10
WHAT about those cases which violate the Code of Professional Conduct?	11
Prosecutorial Misconduct- Definition	12
prosecutorial misconduct standards	12
appellate review OF PROSECUTORIAL MISCONDUCT	14
Criminal prosecution of Prosecutor	15
JUDGES DO NOT HAVE THE “FREE PASS” GIVEN TO PROSECUTORS	15
COURTS FREQUENTLY MAKE FINDINGS OF PROSECUTORIAL MISCONDUCT BUT THEN IGNORE IT	18
Authority for Sanctions against Prosecutor Exist but are rarely applied	20
The KBA Inquiry Commission and Bar Counsel	20
WHO CAN BRING AN ETHICS COMPLAINT AGAINST PROSECUTOR?	21
THE kba’s MISGUIDED CLOAK OF SECRECY PROTECTS THE GUILTY as much as THE INNOCENT-THE PUBLIC SUFFERS	22
Canon Three of Code of Judicial Conduct	28
U.S. Attorney General Acknowledges Prosecutorial Misconduct	30
Criminal Caseload in Kentucky	31
Courts Protect Prosecutors - Example “Send A Message” Argument	32
The “Harmless Error Rule” – HAVE THE COURTS MISREAD CHAPMAN?	33
AUTHORITY FOR PLACING BURDEN ON COMMONWEALTH TO PROVE ERROR WAS NOT HARMLESS	34
Berger v. U.S. is one of the leading cases cited on Prosecutorial Misconduct	39
Justice department’s office of professional responsibility	41
Appealate Review Standards for Prosecutorial Misconduct	41
Suggested Remedies to provide accountability	43
good science is a missing component in our criminal justice system – “THE SCIENTIFIC METHOD”	45
LEXICON OF UNWRITTEN RULES AND PRACTICES	49
prosecutors
role and power of the prosecutor	53
dual role of prosecutor	53
61 examples of prosecutorial misconduct	54
LEAVE ‘EM HANGING IN LIMBO SLOWLY TWISTING IN THE WIND	58
egregious example of prosecutorial misconduct	61
THE FISCHER HOMES CASE IS A CHILLING EXAMPLE OF PROSECUTORIAL MISCONDUCT	62
aba model code of conduct for prosecutors – “the smoking gun”	66
State Ethics Rules Now Apply to Federal Prosecutors	70
THE ETHICS CODE FOR PROSECUTORS IMPOSES GREATER DUTIES THAN COURT RULINGS OR PROCEDURAL RULES RE: DISCLOSURE OF EXCLUSIONARY EVIDENCE	71
immunity of prosecutors FROM CIVIL LIABILITY	74
IMBLER RECOGNIZES STATES RIGHT TO DISBAR PROSECUTORS FROM IMPROPER ACTS	75
NINTH CIRCUIT DENIES ABSOLUTE IMMUNITY TO U.S. ATTORNEY GENERAL ASHCROFT	87
KENTUCKY’S HISTORICAL BASIS FOR ONLY ALLOWING QUALIFIED IMMUNITY FOR PROSECUTORS.	94
chronological timeline History of the Absolute Immunity for Prosecutors Rule in Kentucky	101
ABSOLUTE IMMUNTY FOR PROSECUTORS WAS FIRST GRANTED IN KENTUCKY IN 1994	114
Jural Rights Doctrine may Void Absolute Immunity for Prosecutors	116
“BIVENS SUIT” FOR DAMAGES ALLOWED AGAINST PROSECUTOR	117
Federal Court Allows Civil Suit Against Prosecutor To Continue	119
civil claim standards for malicious prosecution	124
statutory compensation for victims of malicious prosecution	131
THE BOARD OF CLAIMS MAY or MAY NOT PROVIDE CIVIL RELIEF	133
recusal of prosecutor - PROCEDURES FOR REMOVAL OF PROSECUTOR	135
rating scale of prosecutorial misconduct with possible sanctions	136
Why do Honest Prosecutors Engage In Misconduct?	138
PROSECUTORIAL MISCONDUCT AND CONSTITUTIONAL REMEDIES –WASHINGTON UNIVERSITY LAW QUARTERLY	139
DUTY OF PROSECUTORS TO DELIVER EXCULPATORY EVIDENCE TO DEFENSE - violation is a criminal offense	141
VINDICTIVE PROSECUTION	143
THE PLEA BARGAINING PROCESS INVITES ABUSE	147
Incorrect representations of parole eligibility repeatedly claimed on appeal – THIS COULD EASILY BE FIXED	148
current system for accountability review
existing system of accountability review	152
kba inquiry commission AND BAR COUNSEL – DENIAL OF INFORMATION TO AUTHOR OF THIS BOOK	157
U.S. justice department accountability	164
civil sanctions against prosecutors	165
uniform prosecutors system	166
intervention of attorney general in local prosecution	168
executive branch code of ethics	170
duty to report- old rule vs. new rule	172
PROSECUTORS CAN BE CRIMINALLY PROSECUTED FOR CERTAIN ACTS OF PROSECUTORIAL MISCONDUCT	173
KBA COMPLAINT FORM FOR REPORTING VIOLATIONS OF CODE OF PROFESSIONAL CONDUCT	179
KY. HAS NO LAW PROVIDING FOR COMPENSATION OF PERSONS WRONGFULLY IMPRISONED	182
DUTY of JUDICIARY to assure accountability	185
role of courts in providing accountability review
duty to report violations of code of professional conduct	185
HOW THE COURTS EMPOWER PROSECUTORS -STATISTICS	187
study of ALL court of appeals prosecutorial misconduct cases FOR 2008	188
study of KY. SUPREME court “send a message” closing argument cases - 1999 TO 2009	197
harmless error – DISCUSSION OF THE LAW	202
nATIONAL STUDY OF HARMLESS ERROR	209
Golden rule-THE COURT SCOLDS BUT NEVER SLAPS ANY WRISTS	214
admonishments - PSYCH. STUDY SUGGESTS ADMONISHMENTS DON’T WORK	219
technical appellate rules	223
appellate review standards for prosecutorial misconduct	225
THE EVER EXPANDING LIST OF exceptions to constitutional rights	233
demise of the exclusionary rule	239
DEFENSE LAWYERS ARE A PART OF THE PROBLEM
defense counsel errors	244
A PLAN TO ENHANCE ETHICS AND ACCOUNTABILITY
proposal for creation of prosecutor’s conduct commission	248
oTHER STEPS THAT SHOULD BE TAKEN TO ENHANCE ACCOUNTABILITY	251
A NATIONAL PROBLEM EXISTS…
lack of PROSECUTORIAL accountability is a national problem	257
ABOUT THE BOOK
about the author	272
our thanks to lawreader	273