Tuesday, October 13, 2015
http://www.kansas.com/news/politics-government/article38915277.html
I wonder whether, when KS secretary of state Kobach was given prosecutorial powers, he was also given prosecutorial immunity.
update: this probaly answers my conserns:
Not explicitly. The bill vests the independent authority to prosecute these crimes in the AG, SoS, and district attorneys. But, I think prosecutorial immunity flows with the power to prosecute. The most recent case in Kansas on the absolute and qualified immunities is McCormick v. Board of Shawnee County Comm'rs. I think the explicit grant of prosecutorial power to the SoS is enough, especially since Chemerinsky points out cases where social workers and police, performing prosecutorial-like functions were granted prosecutorial immunity.
I wonder whether, when KS secretary of state Kobach was given prosecutorial powers, he was also given prosecutorial immunity.
update: this probaly answers my conserns:
Not explicitly. The bill vests the independent authority to prosecute these crimes in the AG, SoS, and district attorneys. But, I think prosecutorial immunity flows with the power to prosecute. The most recent case in Kansas on the absolute and qualified immunities is McCormick v. Board of Shawnee County Comm'rs. I think the explicit grant of prosecutorial power to the SoS is enough, especially since Chemerinsky points out cases where social workers and police, performing prosecutorial-like functions were granted prosecutorial immunity.
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