Mike Fox
When my fellow Suffolk Law alumnus and current Rhode Island Special Assistant Attorney General Devon Hogan Flanagan had a bit too much to drink, she could have simply called it a night. Instead, she chose to stay, refusing to comply with directives from the staff at Newport’s Clarke Cook House to leave. The restaurant staff, with no other option, called the police to escort Ms. Flanagan and her heavily intoxicated friend off the premises.
But the story didn’t end there.
Once Newport Police officers arrived, Flanagan refused to cooperate. She went on a booze-fueled tirade, identifying herself as an “AG,” demanding officers violate department policy by shutting off their body cameras. When officers refused to go along with her ploy, Flanagan threatened them by saying, “Buddy, you’re gonna regret this.”
Thankfully, the officers stood their ground and placed Flanagan under arrest. She has since pled no contest to the misdemeanor trespassing charge. But her career prospects are uncertain. While her boss, Rhode Island Attorney General Peter Neronha, has condemned her actions, he stopped short of immediately terminating her, suggesting that he needs to “think really carefully about this one.”
As a public defender, I’ve witnessed the relentless vigor with which prosecutors pursue even the most innocuous cases—often against those least positioned to fight back. Yet, when a prosecutor—like Flanagan—found herself ensnared with the law, she disrespected the police. Rather than take responsibility for her debauchery, she blamed the officers, demanded special dispensation, and insisted that officers engage in unethical conduct. This is deeply troubling, considering her day job involves representing the state in criminal appeals, where she’s entrusted with the enormous power to deprive people of their liberty.
This calls Ms. Flanagan’s integrity into question and reveals a frustrating double standard. Prosecutors ought to be held to a higher standard, but far too often, they’re held to a demonstrably lower one. If she had been employed in almost any other capacity, her termination would have been all but guaranteed. But because she’s cloaked with the incredible power of the state, she feels entitled, and her boss struggles with how to handle the situation. While she has been on leave since the August 14 incident and has since been suspended without pay for six months while the Rhode Island Attorney General’s Office conducts a review of the incident, the answer is obvious: she should be fired.
While AG Neronha noted that Flanagan has since taken responsibility and expressed remorse, it’s too little, too late. AG Neronha stated that Flanagan “has a long road ahead of her, but I believe that in the long run, our worst moments can inspire us to become better people.” I can only hope that Neronha demands that his team show that same level of compassion for the people whose convictions his office zealously defends. Correspondingly, if allowed to keep her job, I’d hope that Flanagan learns to show that same level of empathy for those who make similar mistakes but don’t have a powerful, wholly unaccountable job to fall back on.
The issue goes beyond one individual’s actions. Flanagan’s case is unique in that it implicates her personal, rather than professional, conduct. Furthermore, she was charged and held accountable in some way, even if insufficiently. But thanks to the Supreme Court, prosecutors enjoy absolute immunity, meaning they cannot be sued civilly for their actions while acting in a prosecutorial function. Likewise, when prosecutors violate our rights, they’re rarely prosecuted themselves. Similarly, internal disciplinary measures are often little more than a slap on the wrist.
For our criminal justice system to be perceived as legitimate, those with the power to deprive us of our liberty must be held accountable. When they fail to do so, they lose the respect of the community and make a mockery of the very laws they’re sworn to uphold. We must ensure that the most powerful—and least accountable—members of our criminal justice system operate with the most basic semblance of professionalism and human decency.