John W. Suthers - No Higher Calling, No Greater Responsibility: A Prosecutor Makes His Case

Praise for No Higher Calling, No Greater Responsibility

I am not aware of any attorney in the country who has more extensive and diversified experience as a prosecutor than John Suthers. His vast and honorable experience makes this excellent book a must-read for anyone interested in the prosecution function and the complex issues of our criminal justice system.

Stu VanMeveren, former district attorney, former president
of the National District Attorneys Association

John Suthers, with his unique credentials as a local, state, and federal prosecutor, offers a balanced critique of the justice system that helps maintain our civil society. No Higher Calling, No Greater Responsibility is an easy read about a complex subject. The mix of real-life anecdotes with an intellectual analysis provides an enjoyable yet educational experience for those who are lucky enough to read this outstanding book.

Stephen Carter, Indiana attorney general and former president of the National Association of Attorneys General

a highly personal account of Suthers experiences in the justice system throughout his distinguished career. The book offers an insiders perspective on the administration of justice and, most importantly, puts forth original ideas as to how we can become a more just society. I have long admired John Suthers dedication to the public good, and I recommend this book to anyone who shares that commitment.

Ken Salazar, U.S. senator and former
Colorado attorney general

SPEAKERS CORNER is a provocative new series designed to stimulate, educate, and foster discussion on
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2008 John W. Suthers, unless otherwise noted

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the publisher.

Library of Congress Cataloging-in-Publication Data

Suthers, John W.

No higher calling, no greater responsibility : a prosecutor makes his case John W. Suthers ; foreword by Colorado Governor Bill Ritter.

p. cm. -- (Speakers corner books)

ISBN-13: 978-1-55591-662-6 (hardcover) 1. Prosecution--United States. 2. Suthers, John W. 3. Public prosecutors--Colorado--Biography. I. Title. II. Series.

KF9640.S88 2008

345.7305042--dc22

2008003465

Printed on recycled paper in Canada by Friesens Corp.

0 9 8 7 6 5 4 3 2 1

Design by Jack Lenzo

Fulcrum Publishing

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Golden, CO 80403

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Contents

Acknowledgments vii

Foreword xi

Introduction 1

I. Becoming a Prosecutor 5

II. Criminal Trials: The Prosecutor as Protagonist 15

III. The Criminal Law: The Ten Commandments versus
the Seven Deadly Sins 27

Greed 29

Pride 30

Lust 33

Anger 36

Envy 39

Gluttony and Sloth 39

IV. Punishment: A Pound of Flesh versus
The Quality of Mercy 43

Retribution 44

Restitution 45

Rehabilitation 48

Isolation 52

Deterrence 53

Minimum Mandatory Sentencing 54

The Death Penalty 56

The Juvenile Justice System 61

V. A Higher Duty: Prosecutorial Politics and Ethics 67

Professional Ethics 75

Plea Bargaining 82

Special Prosecutors 89

Victims Rights and Criminal Justice Interest Groups 91

Policing the Police 95

Forensic Science 99

The Media 102

VI. The Federal Prosecutor 109

Federalization of Crime 116

The Overcriminalization of U.S. Society 119

VII. The State Attorney General:
Law Enforcer or Public Policy Maker? 123

VIII. Calls for Reform 137

Jury Reform 139

Reform of Drug Laws 145

Mental Illness in the Criminal Justice System 151

IX. No Higher Calling 159

About the Author 165

Acknowledgments

I have had the unique privilege of serving as a district attorney, United States attorney, and state attorney general. I tell people Ive been lucky enough to win the legal trifecta. A relatively small number of people have made my career as a local, state, and federal prosecutor possible. But literally hundreds, if not thousands, of people have made that career meaningful and enjoyable.

It was a law student internship in the Fourth Judicial District Attorneys Office in Colorado Springs that convinced me I wanted to be a prosecutor, but it was District Attorney Robert Russel and his assistant district attorney, Ron Rowan, who gave me a job as a deputy district attorney in favor of many other applicants. It was also Bob Russel who promoted me to chief deputy district attorney after less than two years in the office. As a line deputy, many of my colleagues taught me how to be a good prosecutor. Several judges were also encouraging: Matt Railey, Richard Hall, and Bob Johnson, in particular. My staff at the Economic Crime Division showed me how much fun you could have while doing stressful and rewarding work.

When I left the district attorneys office and entered private practice, I had a notion I would run for district attorney at some point. When I did so eight years later, I had broad community support. But it was the strategic work of campaign supporters like Ken Ball, Lianne Shupp, Gil Johnson, Norm Palermo, and my law partner, Ken Sparks, that made my election victory possible. My first official act as district attorney was to choose Jeanne Smith as my top assistant; it was also my best. She did an incredibly good job. She was a great sounding board and was the source of much wisdom during my eight years as district attorney. I was very pleased that she succeeded me as DA and very grateful that she answered my call again when I became Colorado attorney general in 2005. Dozens of outstanding lawyers and support staff manned the Fourth Judicial District Attorneys Office during my two terms, and we accomplished a great deal. Im grateful to all of them.

You dont become a U.S. attorney without the support of your states senators, and Im thankful to Senator Wayne Allard and Senator Ben Nighthorse Campbell for their support. But it was probably Colorado Governor Bill Owens, whose cabinet I had served in for thirty-two months as director of Colorados Department of Corrections, who was most influential in securing my nomination by President George W. Bush.

The U.S. Attorneys Office for the District of Colorado was a great place to work with many exceptional lawyers and a dedicated support staff. I believe I improved the office considerably by hiring many top-notch attorneys during my tenure. One of my first decisions as U.S. attorney was to appoint Bill Leone, with whom I had briefly practiced law in the mid-1980s, as the first assistant U.S. attorney. Bill is a very intelligent and capable lawyer and served admirably as the interim U.S. attorney after I left the office. Jim Allison, the head of the Criminal Division, was a consummate federal prosecutor and great counsel. Jeff Dorschner, the public information officer, taught me a tremendous amount about effective media relations. My entire management team at the U.S. attorneys office was very competent and dedicated to the task of effectively representing the United States.