As a former prosecutor, I would like to offer two brief comments about the reported complaints about Merrimack County Attorney Robin Davis to help put them into context.
First, as the American Bar Association has stated, “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” This means, among other things, that a prosecutor must refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause. That proscription sometimes causes a police officer or a victim to feel let down by a decision not to charge but is the prosecutor’s ethical duty to hold that line.
Second, a prosecutor has virtually unfettered discretion in setting the priorities for his or her office. For instance, one prosecutor may set a high priority on obtaining convictions and incarcerating those accused of drug possession while another prosecutor may prioritize working with the court system to set up drug courts to divert offenders to treatment. It is not unusual for a prosecutor’s office to experience transitions that are uncomfortable and even unwelcome when a new county attorney is elected.
BARBARA KESHEN
Concord