Ethics are supposed to set standards for ‘virtuous’ behavior, so you wouldn’t expect ‘judicial ethics’ to result in an injustice. But that appears to have happened in the trial of two off duty Durham police officers charged with assaulting a short order cook at Blinco’s sports bar.

Here’s what happened: When the prosecutor rested his case, defense attorney, Thomas Manning, stood up and said the State had failed to prove Blinco’s was in Wake County. He added that oversight meant the court had no jurisdiction. The judge agreed and dismissed the charges. (News and Observer; 10-31-06)

Now, there is no dispute Blinco’s is in Wake County – which makes what defense attorney Manning did seem a little like sleight of hand. But in trials prosecutors are held to ‘ethical’ standards so they cannot abuse their authority. One of those standards is they have to establish the court has jurisdiction. The prosecutor didn’t, so the case was dismissed. But put yourself in the cook’s shoes. He has to be pretty broad-minded to accept that defense attorney Manning knew Blinco’s is in Wake County when he made his motion, but it didn’t matter. It doesn’t conflict with judicial ethics.

What is troubling is that hardly anyone seems concerned that “Judicial Ethics” misfired in this case. Defense attorney Thomas Manning is sticking to his guns, saying he’s used this tactic for years and it’s always worked. The judge says if she made a mistake she’d be glad to correct it – but wouldn’t you expect she’d be the first one to pull out the law books and find the answer to that question? The only person trying to straighten out the mess is District Attorney Colon Willoughby, but he faces a problem. The defendants can’t be tried a second time for the same crime.

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