Civics: The Secretive “Discipline” Process for Federal Prosecutors

Brooke Williams:

Seykora retired as a prosecutor in 2012 and currently is a municipal judge in Hardin, Montana, a small town of about 3,500 people and a short drive from Billings. He did not return phone calls seeking an interview.

In 2014, the Justice Department’s Office of Professional Responsibility began looking into Seykora. The OPR was established after the Watergate scandal “to ensure that Department attorneys perform their duties in accordance with the high professional standards,” according to its website.

Two years later, in 2016, while OPR was apparently still investigating Seykora’s actions, Michael Cotter, then U.S. attorney for Billings and current chief of the state’s Office of Disciplinary Counsel, apparently decided to take matters into his own hands. In a highly unusual move, Johnson’s attorney Colin Stephens said, Cotter sent letters to the defense attorneys of people Seykora had convicted to let them know about the prosecutor’s history of repeated misconduct.

Stephens said the letters essentially reopened any case Seykora had prosecuted. “We just opened Pandora’s box,” he said. “It’s a big deal when the government cheats.”

Cotter declined to discuss the case.

Given his experience, Johnson said, he wonders if it really is a big deal when a prosecutor breaks the rules. “He still gets to sit on the bench and practice his crooked law,” he said.