American Bar Association launches task force to safeguard prosecutorial independence

The American Bar Association's Criminal Justice Section has initiated the Prosecutorial Independence Task Force, an initiative aimed at safeguarding prosecutorial autonomy while boosting public comprehension of prosecutors' pivotal role in upholding the criminal justice system's integrity.

This task force, featuring 24 members, draws upon the expertise of a wide-ranging group that includes prosecutors, defenders, and legal scholars, ensuring a rich diversity of perspectives across the United States and the political spectrum. The effort is spearheaded by co-chairs John Choi, the Ramsey County attorney in Saint Paul, Minnesota; Ellen S. Podgor, a professor at Stetson University College of Law; and Ellen Yaroshefsky, a professor at Hofstra University's Maurice A Deane School of Law. Sara Alpert Lawson of Zuckerman Spaeder LLP serves as the task force's reporter.

An advisory board of notable figures, including former U.S. Attorneys General Alberto R. Gonzales and Loretta Lynch, along with former U.S. Deputy Attorney General Larry D. Thompson, lends its guidance to the task force.

John Choi emphasized the critical nature of prosecutorial independence as a foundation of the justice system, stating, “The ABA Criminal Justice Section works to preserve the independence and exercise of discretion of locally elected prosecutors, which is a cornerstone of our justice system,” Choi said. “The Task Force on Prosecutorial Independence was created to reinforce, promote and educate the public about the importance of prosecutorial independence.”

The task force's establishment was propelled by the adoption of Criminal Justice Section Resolution 501 by the ABA House of Delegates on February 5 during the ABA Midyear Meeting in Louisville. This resolution champions the adherence to the ABA Criminal Justice Standards for the Prosecution Function, recognizing the crucial role of prosecutorial discretion and independence in the justice process. It argues against the improper removal, suspension, or substitution of prosecutors and advocates for written standards ensuring due process for prosecutors.

According to the ABA, with its diverse membership of criminal justice professionals, the Criminal Justice Section is “uniquely situated to bring all the various actors to the table to address today’s most pressing criminal justice issues.”