Last week, a Las Vegas lawyer tipped me off about something bringing ‘shock and awe’ to the local Clark County, Nevada bar. It’s also something likely causing a few head shakes of karmic irony over how people who live in glass houses, should never throw bricks. It’s the March 21, 2011 arrest of Clark County, Nevada prosecutor David Schubert, a 10 year veteran with a reputation for high profile celebrity drug prosecutions.
Schubert was picked up allegedly buying crack on a street corner in Sin City. See David Schubert, Las Vegas Prosecutor Who Went After Paris Hilton” and “David Schubert, prosecutor in Bruno Mars, Paris Hilton drug cases, arrested for cocaine possession.”
Last year, Schubert prosecuted Paris Hilton after cocaine was found in her handbag during a traffic stop. Paris subsequently pled guilty to misdemeanor cocaine possession and obstruction charges and was sentenced to a year of probation.
“Once a crook, always a crook.” Life amidst soul-deadening situations habituate the most jaded expectations.
When I blogged about prosecutorial misconduct last December, it was to note how exceedingly rare it was for a prosecutor to be charged with anything ignominious, much less a crime. See “Colorado’s Discipline ‘Guru‘ finds Andrew Thomas discipline-worthy but prosecutorial ethics penalties are uncommon.”
Moreover, it seems prosecutors pretty much wear teflon when it comes to getting sued or disciplined for ethics violations – - – let alone, ever getting disbarred. My springboard for those blogged ruminations was the rare-as-hen’s-teeth ethics complaint against a prosecutor. Respondent ex-county prosecutor Andrew Thomas faces bar discipline, multiple lawsuits, the public pillory and what passes around here for ignominy.
Prosecutors don’t necessarily have a genetic predisposition to being ‘holier-than-thou.’ It’s just a foreseeable occupational hazard after a long life on the job. And I hardly suppose it’s due to any purported propensity toward sucking on snow cones of pure driven snow, either.
Additionally, habit, blissful obliviousness, and a generalized public policy immunizes prosecutors from lawsuits, discipline or blame when they screw up.
All of that may change, though, depending on the outcome of Connick v. Thompson on whether or not district attorney’s offices can be tagged with vicarious liability for prosecutorial misconduct. The case is still pending.
There will likely be chortles of schadenfreude from the ranks of those charged with similar offenses or just simply over the mere j te’ accuse irony of Schubert’s arrest.
However, as for Schubert, he’s suspended pending the criminal case being brought against him. The dealer who allegedly sold Schubert the crack cocaine also claims the prosecutor had been his crack-buying customer the past six months.
If he’s convicted, it may potentially taint past convictions involving Schubert.
