State bar dismisses Bradley grievance, receives new one, election looming

Continuing its de facto policy of virtually never disciplining prosecutors for alleged on-the-job misconduct, the state bar dismissed a complaint against Williamson County District Attorney John Bradley this week over the Michael Morton case, reports the Austin Statesman: The state bar's board of disciplinary appeals "reviewed the complaint as filed, taking no additional information, and determined that the accusations did not allege any violations of the Texas Disciplinary Rules of Professional Conduct, the ethics rules for lawyers, the letter said." Bradley had been accused of improperly delaying DNA testing and fighting to conceal exculpatory evidence being turned over to Morton's legal team.

Now the focus in the Morton case shifts to District Judge Ken Anderson. The court of inquiry to measure his culpability will take place September 11 in Georgetown: Be there or be square!

One of the problems with the state bar's reticence to discipline prosecutors is that even when complaints are dismissed, that does little to reassure the public that all is well. It's hard at this point to believe the bar would enforce rules for prosecutors in any event. Maybe it's true no violations occurred, but it's difficult for the public to have confidence in that judgment.

The dismissal, though, doesn't necessarily mean scrutiny has ended for Mr. Bradley. Your News Now Austin reports that another complaint has been filed against him alleging "the actions of Bradley and others on the state's Forensic Science Commission, resulted in a failure to properly investigate his previous complaints of negligence and misconduct at the Dallas County crime lab, Southwestern Institute of Forensic Science."

Reacting to the latest complaint, the Wilco Watchdog commented:

Bradley is now in permanent "no comment" mode. For the past month, he has failed to comment when pressed by the media to explain his false statements against the Cedar Park Police Association and other issues surrounding his application to become board certified in criminal appellate law. Since Bradley feels he is not accountable to the public and provide answers to questions regarding misconduct, on May 29th, the public can hold him accountable at the ballot box. Until then, expect more dodgeball.

As the Watchdog notes, there's a much better chance voters will hold Bradley accountable than the state bar. Time will tell.