. . . courts have confirmed that prosecutorial misconduct occurred in 91 Texas criminal cases between 2004 and 2008 . . .
These of course would only be the cases in which a Texas court called out the misconduct. Just a hunch, but in Texas, I’d imagine the misconduct would need to be pretty egregious for that to happen.
Want to guess how many of the prosecutors in those 91 cases faced disciplinary action of any kind?
Yes. It’s zero. The mere possibility of holding the prosecutor in the Morton case in some way accountable is what makes it a story.
One of the main arguments groups like the National District Attorneys Association always brings up in the briefs for these challenges to absolute immunity is that bar associations, courts, and professional organizations do a perfectly fine job of disciplining bad prosecutors. But study after study after study has shown that it just isn’t true.