Not every prosecutor gets a badge, but those that have them love them. They are a shiny symbol of authority (and maybe danger) that most bookish law students never thought they might have. When they are given out they are accompanied by the stern warning that you should never try to use them and God help you if you do. I did a little investigation into our (seemingly contradictory) attitude towards these badges and found out something about the potential for abuse, the danger they pose, and the unexpected benefits they might provide.
The internet is full of cautionary tales. Predictably, people try to use their badges to get out of being arrested. A Dallas County Assistant District Attorney was fired after flashing his badge during a DUI stop. He showed his prosecutor’s badge to police instead of his driver’s license. He then made several racially charged comments (while wearing what appears to be a fur coat). His lawyer explained that prosecutors are specifically told not to misuse their badges. The same thing happened to a Bexar County Assistant District Attorney in San Antonio. And to a San Francisco prosecutor, who asked for a pass on his DUI because he was “well known” among local police officers. Obviously, that did not work, and the man was convicted of driving under the influence and other crimes. The incident resulted in a California Bar Journal article. The State Bar Court also got involved, as they should. Their opinion contains the following helpful definition:
Respondent engaged in the practice known as “badging.” Badging, involves the presentation of one’s employment identification by an individual, such as a judge, attorney, policeperson or a fireperson, to a law enforcement office in order to gain special treatment and/or avoid arrest based on one’s status as a public servant.
In 2013, a Florida prosecutor tried to use his badge to get into a dance club. After being told to leave by bouncers, the prosecutor “flashed his gold badge at [the bouncer] and stated, ‘we work on the same side.'” He also said, “I will do what I want” and “I am the one who will dictate how things go.” Another Florida prosecutor used his badge to gain free admission to a strip club. A few hours later, he used the badge to avoid paying a 15% credit card surcharge on lap dances he purchased. He was later fired. The manager had to remind prosecutors “there is nothing more dangerous than a person who defends the law and then abuses the law and his position for self-gain.” Nothing is more embarrassing than getting an ethics check from a guy who runs a strip club. You can read the prosecutor’s abject apology letter here.
There’s more. A Georgia Assistant District Attorney ate a hot dog without paying. He was confronted by police and denied eating the hot dog despite the fact that he had ketchup and mustard on his shirt. The officer told him to just pay for the dog, but the prosecutor pulled out his badge and cautioned the officer, saying, “you need to be careful” and “are you sure you want to do this?”
In 2014, a District Attorney’s brother flashed an honorary DA’s Office badge at officers as he tried to explain why they shouldn’t do anything about the incapacitated woman slumped in the back seat of his car. The brother had groped the woman at a restaurant and somehow gotten her into his car. He was sentenced to two years in prison. The district attorney who gave the brother the badge in the first place was also convicted of corruption and sentenced to five years in an unrelated matter.
Carrying your badge in your wallet may lead to more severe consequences than embarrassment, job loss, and even prison. Gil Epstein, an assistant district attorney in Fort Bend County, Texas, had just left Houston’s Jewish Community Center after playing basketball in September 1996 when a robber confronted him. The 21-year-old robber, was already on parole after committing an attempted murder. The robber shot Epstein after he saw Epstein’s prosecutor’s badge in his wallet. The badge was found lying at Epstein’s feet after the murder. Epstein’s killer, Marcus Cotton, was convicted of murder in 1997 and later executed.
It’s Not All Bad
The Boca Raton News has my favorite badge story, especially after reading about the tragedy of Gil Epstein’s murder. I’ll quote the entire thing:
“Manhattan, Kan. – A bullet-blocking badge saved a masked gunman who fired from a passing pickup as the prosecutor drove to work, officials said. The gunman, crouched in the back of the truck, fired fire shots through the windshield of a car driven by Eric Stonechiper, a Geary County special prosecutor. One bullet hit Stonechiper, 32, in the arm, and three lodged in the headrest. The fifth bullet hit the drug task force badge in a chest pocket. Stonechiper was treated and released from a Manhattan hospital and placed under police protection.”
Some prosecutor’s offices used to give badges out to the press. I can only assume it led to the same kind of problems for reporters.
Police horses get a badge. I think the concept is basically the same for giving badges to prosecutors.
Wives get badges too. They’re the only ones that actually deserve them.
I was given a badge when I was an assistant solicitor general. I didn’t see the point of it. It was one thing when back when I was a cop. I had the power of arrest and sometimes openly carried with my badge displayed. As a prosecutor, my weapon was always concealed and it was just for personal defense. If someone noticed I had a gun, I carried a picture ID to show that I could carry (in addition to my retired LE ID card). I asked our chief investigator why they gave prosecutors badges and he didn’t know either.
In threw it in my desk until I resigned and gave it back.
Showing badges isn’t the issue. It was trying to gain free admission, stealing a hotdog, and riding around with an incapacitated woman in the back seat. Not the fact that they showed a badge. Yeah they shouldn’t do it during the commission of a crime, but I doubt it would’ve changed the outcome in any of those cases especially considering they couldn’t hide their status as a DA anyway once they got caught.
Then again, cops and anyone else with a badge tend to flash it in a situation because there is a certain expectation that it could change the outcome. And since it usually does for your average speeding cop when he/she gets pulled over, I could easily see a DA assuming the same.