DA Mike Nifong submitted his resignation letter Monday, to take effect July 13, but that wasn't fast enough for Superior Court Judge Orlando Hudson. The Judge ordered him suspended immediately and has appointed a special prosecutor, Wake County attorney Robert Zaytoun, to handle a civl removal case against him.

In February, Durham resident Elizabeth Brewer had filed a civil complaint asking Hudson to remove Nifong under a section of state law. She claimed Nifong had exhibited willful misconduct and conduct prejudicial to the administration of justice that brings the office into disrepute.

Orlando put off action on Brewer's motion then pending the outcome of the Bar action against Nifong, and he did the same against in April when she renewed her request.

The New York Times has more details.

Duke University has agreed to a financial settlement with the wrongly charged Duke Lacrosse players. Here is the University's press release:

Durham, NC -- On Monday, Duke University leaders announced they have reached a settlement with David Evans, Collin Finnerty and Reade Seligmann. Below are statements about the settlement.

STATEMENT OF THE BOARD OF TRUSTEES AND THE PRESIDENT OF DUKE UNIVERSITY:

This has been an extraordinary year for Duke students David Evans, Collin Finnerty and Reade Seligmann, who were accused of serious crimes they did not commit. In April, after a thorough review, the North Carolina Attorney General declared that they were innocent of all charges and that the charges never should have been brought. We welcomed their exoneration and deeply regret the difficult year they and their families have had to endure. They conducted themselves with great dignity during their long ordeal.

While media writers are still debating the ending to the Sopranos, those who are jones-ing and in need of a fix can head to Chicago where a real life mob trial, called Family Secrets, begins Tuesday.

Even in a city as heavy with mob history and lore as Chicago, the landmark trial set to begin Tuesday with the selection of an anonymous jury promises to be a spectacle.

There will be veteran prosecutors who have made careers targeting wiseguys. There will be flamboyant defense lawyers unafraid to make a joke in court and wear pink socks while doing it.

...Family Secrets will essentially put on trial the structure and enterprise that was the Chicago mob during the last few decades.

As for the cast of characters:

There should be consequences for the high school pranksters who used a pilfered key to enter Hendrick Hudson High School to scatter "150 alarm clocks in the shape of houses or butterflies," set to go off at 9:15 on the last day of school. The pranksters wrapped the clocks in duct tape to make it difficult for annoyed teachers to remove the batteries.

Some community service for the criminal trespass might be appropriate -- that's what happened to "dozens of accomplices who donated as little as $1 to the stunt" -- but bringing felony prosecutions for planting fake bombs is a serious overreaction. The joke may or may not have been funny, depending on your sense of humor and/or general fear level, but the clocks clearly weren't intended as a bomb scare. Senior Alex Kane has a more mature view than those who abuse the criminal justice system by bringing unreasonable charges to make the point, yet again, that "everything changed" after 9/11:

"I think we have this climate of fear now, where even if it's a harmless senior prank, it gets tied up into thinking about terrorism," Kane said. "I understand the need to be vigilant in the face of threats. But you need to balance that out and not have people jumping out of their seats every time something kind of goes wrong."

The transcript of the disbarment ruling for Durham D.A. Mike Nifong is now available here. The Sunday papers will be filled with editorials about Nifong's disgraceful conduct. But, the money quotes are these:

The prosecutor, as any defense lawyer will tell you, is imbued with an aura that if he says its so it must be so. And even with all the constitutional rights that are afforded criminal defendants, the prosecutor merely by asserting a charge against defendants already has a leg up. And when that power is abused, as it was here, it puts constitutional rights in jeopardy. We have a justice system but the justice system only works if the people who participate in it are people of good faith and respect those rights.

....It is very difficult to find any good in this situation that brings us here. I can only think of a couple things. One is that there are very few deterrents upon prosecutorial misconduct. For very good policy reasons, prosecutors are virtually immune from civil liability. About the worst that can happen to them for the conduct of a case is that the case can be overturned. The only significant deterrent upon a prosecutor is the possibility of disciplinary sanction. And here the most severe sanction is warranted.

While many, and perhaps most prosecutors don't cheat and lie, Nifong is not the only one. This happens to many defendants all over the country who don't have the resources for top-flight lawyers who will fight for them to the end.

According to the Innocence Project,

Bump and Update: (live blogging court ruling now)

The panel has deliberated. Disbarment is the only appropriate recommendation. The root of this case is self-deception arising out of self-interest. We had a prosecutor in a case where his self-interest collided with race, sex and class. If part of a John Grisham novel, it would be too contrived. He was facing a primary and he was politically naive. We can draw no other conclusion but the initial statements he made [to the media] were to further his political ambition.

Then, he refused to change his mind and accept the facts as they developed even in the face of a declaration of actual innocence by the Attorney General. (Even yesterday, on the witness stand, he clung to the mistaken belief that something happened.)

Aggravating factors found: selfish motive, a pattern of misconduct, multiple offenses, refusal to acknowledge misconduct, substantial experience in practice of law.

Mitigating factors: lack of prior record and character.

Finding: Aggravating factors outweigh mitigating factors.

This matter appears to be an aberration in both Nifong's career and the way justice is handled in North Carolina. But we have to recommend the most severe penalty, disbarment.

More...

Bump and Update: Embattled D.A. Mike Nifong, while testifying in his ethics trial today, announced on the stand he is going to resign.

Facing the loss of his law license, a tearful Mike Nifong said Friday he will resign as district attorney, more than a year after he obtained rape indictments against three Duke University lacrosse players who were later declared innocent by state prosecutors. "My community has suffered enough," Nifong said from the witness stand at his ethics trial on allegations that he violated rules of professional conduct in his handling of the case.

You can watch the video of his announcement here.

Why make the announcement now? Perhaps because the trial has gone really badly for him, a decision is expected tomorrow and he's hoping for suspension rather than disbarment. If he admits his mistakes and resigns, perhaps he will avoid disbarment and be able to practice law again one day.

Closing arguments and deliberations are Saturday beginning at 9:00 a.m.

Original Post Below:

You may not care about Paris Hilton and her 23 day jail sentence, but I care about hypocrisy in the criminal justice system.

The L.A. Times reports:

[Los Angeles City Atty. Rocky] Delgadillo had argued that the hotel heiress should spend more time in jail for driving with a suspended license and violating her probation on alcohol-related reckless driving charges. Later that day, Delgadillo acknowledged in response to inquiries from reporters that his wife had been ticketed for failing to obey a right-turn-only sign while driving her personal car with a suspended license in 2005.

Paris was sentenced for a probation violation for driving under suspension while on probation. Mrs. Delgadillo also drove under suspension and committed a traffic offense while doing so. She was not charged with driving under suspension, only the traffic offense, and was fined $186.00.

Mrs. Delgadillo was under suspension for causing a traffic accident and not having insurance. According to California law, the penalty for driving under suspension is a fine between $5,000 and $25,000.00. She also failed to file an accident report.

There's more....

Yes, we're all grateful the news is no longer focused 24/7 on Paris Hilton. But this is worth noting. I've argued all along her 45 day sentence was unfair when compared with others on probation whose only violation was driving under suspension.

The Los Angeles Times has confirmed it. Out of 2 million jail releases in L.A. County, the paper found 1,500 for persons who committed an alcohol offense, were placed on probation and then violated probation by driving under suspension.

The results:

Had Hilton left jail after four days, her stint behind bars would have been similar to those served by 60 percent of those inmates. But after a judge sent her back to jail Friday, Hilton's attorney announced she would serve the full 23 days in jail. That means Hilton will end up serving more time than 80 percent of others in a similar situation.

Paris Hilton should not receive special treatment because of her celebrity or financial status, but neither should she be treated more harshly. As Patrick Fitzgerald repeatedly said during the sentencing hearing of Scooter Libby, when it comes to sentencing, "one's station in life does not matter."

Free Paris.

Durham, N.C. District Attorney Mike Nifong faces the music today for his conduct during the debacle that became the Duke lacrosse players' non-sexual assault case.

The ethics trial is being streamed at WRAL.com and you can watch live here.

The bar prosecutor's side:

"This didn't have to happen and the horrible consequences were entirely foreseeable," State Bar Counsel Katherine E. Jean said during her opening statement. "The harm done to these three young men and their families and the justice system of North Carolina is devastating."

More....

(larger and original version here, via TMZ.com.)

Many believe that Paris Hilton deserves the same lousy treatment that a pauper might receive after being sentenced to 45 days in a Los Angeles jail, if only to teach her (and other privileged youth) that society's laws apply to the privileged and poor alike. Others would like to see indigent inmates treated as well as Paris. The salient question is whether Paris has been singled out for particularly harsh treatment because of her celebrity status.

At a news conference on Friday, Sheriff Baca said: “The special treatment appears to be her celebrity status. She got more time in jail.” Under the normal terms of the early release program, he said, Ms. Hilton would not have served “any time in our jail.”

Jonna Spilbor explains how the court could have put Paris' celebrity status to good use.

[T]he judge might have given Paris an equivalent sentence that recognized the reality of her celebrity status - incorporating a few days in jail, but also perhaps an anti-DUI public service announcement, or serious community service contribution. Such efforts might have far longer-lasting effects on both Paris and the rest of the world, than any amount of time she spends languishing in jail. ... Paris, unlike the average defendant is likely to have lived a life of privilege that means she might benefit from learning about the lives of the less fortunate, and doing some good - whether it means donating computers, working with kids, or volunteering for the Red Cross.

Spilbor projects Paris' release date to be between June 22 and June 25.

When the headline reads "Butts Charged With Stealing Toilet Paper," there's really nothing left to do but provide a link to the story. (Despite Bart Simpson's dream headline, the underlying story is sad, given the risk of jail for a woman who probably lacked the funds to buy her own tp.)