A sanction is another way it could be challenged. A typical court is very comfy when it’s well wrapped in legal precedent and extremely clear facts. It might be okay with saying “this prosecutor demonstrated political aims in this particular case by making campaign ads about it” but it’s on shakier grounds trying to say “and this is such a severe problem from this prosecutor that a sanction is needed.” As always, a sensible court will move as little as possible, and we want them to, really. Letting them get all activist and not just rule, but punish, is inviting them to legislate and execute from the bench, and is dangerous as fuck.

Also, being removed from a case due to bias is already a huge rebuke of the prosecutor. They were basically willing to say to the public that this prosecutor is compromised and can’t be trusted to be unbiased in their job. Prosecutors and judges are very, very close in the legal profession. Kicking one of them out of the club may be censure enough to possibly break their career...especially if that prosecutor had plans for higher courts, or public office.

A sanction is another way it could be challenged. A typical court is very comfy when it’s well wrapped in legal precedent and extremely clear facts. It might be okay with saying “this prosecutor demonstrated political aims in this particular case by making campaign ads about it” but it’s on shakier grounds trying to say “and this is such a severe problem from this prosecutor that a sanction is needed.” As always, a sensible court will move as little as possible, and we want them to, really. Letting them get all activist and not just rule, but punish, is inviting them to legislate and execute from the bench, and is dangerous as fuck.