news-record.com

Mike Nifong needs a lawyer, and he wants the state to cover the cost.

The state should refuse.

Nifong was relieved of his license to practice law and his job as district attorney for Durham County for misconduct in his prosecution of the Duke lacrosse case. He’s being sued by the vindicated defendants, who should have a strong case. After all, the N.C. State Bar and the N.C. Attorney General’s Office, in carrying out their own investigations, laid out plenty of information that can be used against Nifong.

Last week, Nifong wrote to the Administrative Office of the Courts asking for representation for his defense. Nifong contends he’s entitled because he was a constitutional officer of the state and was exercising the duties of his office in handling the Duke case.

It should matter, however, how he was performing his duties. As district attorney, he had an obligation to uphold the law. Instead, he was making unwarranted and prejudicial public comments about the case and disparaging Duke lacrosse players. He also was keeping potentially exculpatory evidence from the defense and making misleading statements to a judge, for which he eventually was found in criminal contempt of court and jailed. Those should be ample grounds for denying Nifong’s request.

Normally, the Attorney General’s Office would defend a judicial official against a lawsuit. That’s inconceivable in this case. Attorney General Roy Cooper labeled Nifong a "rogue prosecutor" when he dismissed charges against the former defendants.

Cooper’s assessment sounds like the right response to Nifong’s appeal. A "rogue prosecutor" is one who isn’t doing his job properly and deserves no state-funded representation. Nifong has cost too much already. Let him hire a lawyer himself.