Enforcing Grand Jury Indictments

Removing a prosecuting attorney

A prosecuting attorney whose term is regulated by law cannot be removed or suspended from office, other than pursuant to the manner authorized by constitution or statute. The grounds specified by law govern removal. Mere misconduct committed in office, such as habitual intoxication, is usually an insufficient basis for removal. In some jurisdictions, however, conduct that is entirely extraneous to official duties may reveal flaws in personal character that render the individual unfit to hold the office and subject him or her to removal.

Suspension or removal may ensue from official misconduct or neglect of duty, such as the improper refusal to initiate criminal investigations or prosecutions, or inept execution of such proceedings.

Removal may also be justified on the basis of the prosecuting attorney's failure to comply with the constitutional duties of disclosure imposed by Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). The Supreme Court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the Good Faith or bad faith of the prosecution."

Removal of a prosecuting attorney may also be predicated on his or her conferral of positions in the office to friends or relatives regardless of their qualifications.

The removal process must comply with constitutional or statutory requirements. In some jurisdictions, the district attorney may be removed by the court in proceedings commenced by the interested parties or by Impeachment. The legislature, within constitutional limitations, may designate the nature of the removal proceeding.

Statutes provide for the appointment of assistant district attorneys to render supplementary services to the district attorney. Independent of statute, however, the courts frequently exercise discretionary power to appoint attorneys to assist the prosecuting attorney in criminal cases. Statutes primarily govern the qualifications, salary, tenure, powers, and removal of such attorneys.

An example of what to do with a DA who refuse to do his duty.
§ 7A‑66. Removal of district attorneys.

The following are grounds for suspension of a district attorney or for his removal from office:

(1) Mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent;

(2) Willful misconduct in office;

(3) Willful and persistent failure to perform his duties;

(4) Habitual intemperance;

(5) Conviction of a crime involving moral turpitude;

(6) Conduct prejudicial to the administration of justice which brings the office into disrepute; or

(7) Knowingly authorizing or permitting an assistant district attorney to commit any act constituting grounds for removal, as defined in subdivisions (1) through (6) hereof.

A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal. The clerk shall immediately bring the matter to the attention of the senior regular resident superior court judge for the district or set of districts as defined in G.S. 7A‑41.1(a) in which the county is located who shall within 30 days either review and act on the charges or refer them for review and action within 30 days to another superior court judge residing in or regularly holding the courts of that district or set of districts.

If the superior court judge upon review finds that the charges if true constitute grounds for suspension, and finds probable cause for believing that the charges are true, he may enter an order suspending the district attorney from performing the duties of his office until a final determination of the charges on the merits.

During the suspension the salary of the district attorney continues. If the superior court judge finds that the charges if true do not constitute grounds for suspension or finds that no probable cause exists for believing that the charges are true, he shall dismiss the proceeding. etcetera

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_7a/gs_7a-66.html

And similar laws in the Stste of Texas:
http://tlo2.tlc.state.tx.us/statutes/docs/LG/content/htm/lg.003.00.000087.00.htm

And Maine:
http://www.mainelegislature.org/legis/statutes/30-A/title30-Asec257.html

All States have similar laws. Check with your own local laws

Here is an example of a petition to remove a prosecuting attorney:

http://www.petitiononline.com/MOJ2008/petition.html