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Former AUSA Loses Law License, but Didn't Really Feel He Needed it Anyway
You would think someone able to land a job as a federal prosecutor -- a highly coveted post in the intersecting worlds of criminal law and public service -- would be pretty responsible and, one would hope, honest to boot.
In at least one case, you'd apparently be wrong. The ABA Journal had a story last evening about an Assistant United States Attorney in the Middle District of North Carolina who, back in 2003, had his license to practice suspended for failure to keep up with his continuing legal education requirements. But David Folmar didn't let that stop him from prosecuting cases for the next five-and-a-half years, until the North Carolina State Bar got around to notifying the U.S. Attorney's office of the suspension.
When the story broke last year, Folmar was fired, and defendants began challenging their convictions on the theory that prosecutions in which Folmar was involved were not kosher. But a former federal prosecutor says that, if other, licensed, attorneys were also involved in the case -- and when have you ever seen a government pleading or brief that had only one name on it? -- no defendant would have a legitimate claim that he suffered any prejudice. Reportedly, no conviction has yet been overturned as a result of Folmar's unlicensed status.
Folmar's license has now been suspended until 2012, at which point he may reapply to practice law. But probably not for the feds.
Posted by Eric Lipman on August 3, 2010 at 11:59 AM | Permalink
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