Law & Law Enforcement

Trump Derangement and Professional Ethics Rot Update: The Association of Professional Responsibility Lawyers

/ Jack Marshall / 1 Comment

As the American Bar Association amply demonstrates, the American legal profession is overwhelmingly left-leaning and left-biased, not because lawyers are especially informed or intelligent, but because they overwhelmingly graduate from law schools devoted to progressive indoctrination, with law journals that actively discriminate based on viewpoint bias. State and local bar associations are governed and staffed by similarly aligned individuals; reading these organizations’ flagship magazines is an exercise in wading through progressive propaganda. Fighting for the rights of “migrants.” Celebrations of “Diversity, Equity and Inclusion.” White men are a minority among bar association presidents.

I belong to association of legal ethics lawyers, including ethics partners, professors, CLE ethics trainers, those who defend other lawyers accused of malpractice or professional misconduct. Most of the time, the topics discussed on the group’s listserv are interesting and pertinent to my practice (legal ethics experts don’t agree on much). Since 2016, however, the Democratic Party bias of the group and its attendant Trump derangement has increasingly raised its ugly metaphorical head. The conservatives on the list as well as those who realize the inappropriateness of political topics generally stay silent (those ethics referrals are lucrative, after all) until the screaming at the sky gets ridiculous, and the moderator steps in to remind everyone that the discussion is supposed to be confined to legal ethics.

I just renewed my membership, and almost immediately a topic titled “Desperate Times” popped up, launched by (of course) the California lawyers in the group. After waking up to another long post about how “we lawyers” needed to organize to fight all of these terrible policies, I replied,

“This topic has nothing to do with legal ethics, and reinforces my conclusion that the legal ethics profession, like so many others, has deteriorated into a partisan, biased, bubble-dwelling  cabal increasingly incapable of objective and trustworthy analysis. The furious effort to spin Fani Willis’s flagrantly unethical conduct was one of many dead canaries in the mine. Is this listserv moderated, or not?”

If you can’t trust ethicists to be objective and unbiased, who can you trust?

On Free Speech, The Supreme Court, and “Conversion Therapy”

/ Jack Marshall / 11 Comments

One of many Woke World freak-outs going on now is one over the strong signals the Supreme Court gave off during oral argument that it was going to overturn Colorado’s law banning so-called “conversion therapy” as unconstitutional. Naturally the progressive bloc on the court thinks the law is hunky-dory. Why would anyone not want to be gay?

One of the issue that came up in oral argument was whether there is any evidence that trying to talk someone out of being gay is harmful. There isn’t, but Court Dunce Sonia Sotamayor opined that “I don’t think the state has to provide a study to show that the advice is not sound,” comparing conversion therapy to a dietitian or counselor telling a client to do something that would harm their body. In other words, the banned therapy is just bad, and every right-thinking person knows it. This is consistent with Patton Oswalt’s certainty that whatever progressives favor must represent progress, hence opposing it is per se a problem. Progressives believe that being gay is just wonderful. That’s good enough for Sonia: treating someone for it is automatically harmful.

What an ongoing embarrassment she is.

Intelligent arguments came from, among others…

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Fact: The Axis Media Is Straight-Up Lying About The Justifications For Trump’s National Guard Use

/ Jack Marshall / 5 Comments

They are doing it, in great part, because their favorite party is lying about it too.

Professor Turley was making the rounds this morning on news stations trying to explain that the Insurrection Act is ambiguous enough to support a President’s judgment that an “insurrection” is occurring in a state when the governor or a state legislature refuses to request such support, and send in the Guard on his own authority. The professor also pointed out that even if Trump were blocked from doing so in a state, he clearly has the power to use other states’ National Guard units in the state that is resisting, if the other states agree. The description of the sanctuary cities and states as engaging in neo-Confederate nullification is quite accurate.

Meanwhile, the New York Times, leading its fellow travelers in Orwellian spin, is doing its damnedest to back the incipient Stars and Bars. Here (gift link), a biased lawyer writes that “No, Trump Can’t Deploy Troops to Wherever He Wants.” How is that for a false framing? But the Times published it anyway. Unethical quote: “Can presidents unleash the armed forces on their own people based on facts that they contrive?” Yeah, that scene above, where the Chicago police deliberately stood down, was “contrived.”

Then we have this consequentialist argument: “In 2020, Trump Intervened in Portland’s Protests. They Got Even Worse.” First, how do “protests” get “worse”? They were riots. Second, the mess in Portland didn’t involve attacks on Federal law enforcement and defiance of Federal law. Third, the Mongo Principle (No, don’t use force, it will only make him mad) is not a valid approach to law enforcement.

Unethical Quote of the Month: Georgia Chief Justice’s Commission on Professionalism

/ Jack Marshall / 22 Comments

“Diversity involves recognizing, including, celebrating, rewarding and utilizing differences of gender, race, ethnicity, age and thought – sweetening and often strengthening the pot.”

—-The Georgia Chief Justice’s Commission on Professionalism in the document supposedly designed to give Continuing Legal Education trainers (like me) guidance in preparing seminars on “professionalism,” exemplary conduct that goes beyond the Rules of Professional Conduct to bolster public trust and the reputation of the legal profession.

What utter, illogical, embarrassing, unethical, woke garbage this is…and from a judicial commission no less! I dare anyone to defend it. The putative author is someone named Karlise Y. Grier, who is supposedly a lawyer, and lawyers are supposed to be trained in critical thought. Gee, I wonder if…[checking]….of course she is. Only the undeserved beneficiary of such nonsense could endorse it so fatuously.

I’m going to be teaching, not for the first time, a professionalism seminar for Georgia lawyers, who are among those in the few states that require special “professionalism” credits. I had to read, in due diligence, the guidelines for such programs in Georgia that almost took longer to read than the course will last (one hour) because it was full of bloated bureaucratic babble. It is a professional requirement for lawyers to write clearly, but most don’t, and this thing was a disgrace. Nothing was as bad as that paragraph above, though.

What does “recognizing” differences in gender mean, and what does it have to do with the ethical practice of law? (Hint: Nothing.) Lawyers should treat all clients and adversaries the same regardless of race, gender or other group characteristics. Is that paragraph saying that Georgia lawyers should be able to tell a man from a woman? Is this a problem in Georgia?

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Oh-Oh. Here Come the Robo-Judges…

/ Jack Marshall / 6 Comments

Google “AI judges” and you will see many links to news articles and even scholarly treatises about the use of artificial intelligence in the judiciary. There are already bots trained as “judicial opinion drafting tools,” and manuals written to help judges master them.

There have already been incidents where judicial opinions have been flagged as having tell-tale signs of robo-judging, and at least two judges have admitted to using AI to prepare their opinions.

I hate to appear to be a full-fledged Luddite, but I am inclined to take a hard line on this question. The title “judge” implies judgment. Judgement is a skill developed over a lifetime, and is the product of upbringing, education, study, observation, trial and error, personality, proclivities and experience. Every individual’s judgement is different, and in the law, this fact tends to imbue the law with the so-called “wisdom of crowds.” There will be so many eccentric or individual analyses of the troublesome, gray area issues that cumulatively there develops a learned consensus. That is how the law has always evolved. In matters of the law and ethics, an area judges also must often explore, diversity is an invaluable ingredient. So is humanity.

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James Comey Is Indicted. I’d Love to Say “Good,” But I Can’t

/ Jack Marshall / 10 Comments

There is evidence that former FBI director James Comey leaked information to a third party to ensure that it reached the news media—a legal breach—and lied to Congress. Is it strong enough to meet a beyond a reasonable doubt threshold? Maybe not.

He is still an ethics villain. Comey managed to make hash out of the 2016 election, first refusing to charge Hillary Clinton for a crime that he—falsely—claimed other, lesser officials had never been charged with, and then tried to make up for handing Hillary a “Get out of the negative headlines free” card by opening a new investigation even closer to the election sparked by the appearance of some of Hillary’s emails on her assistant’s boyfriend’s computer. Comey was the epitome of the “Deep State” embedded foe of President Trump—you will recall that he recently approved of the legend 8647, as in “Kill President Trump,” in a social media post. A a fan of ethical government and democracy, I am not sorry to see some adverse consequences coming Comey’s way. As a legal ethicist, I am dubious about the indictment.

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Ethics Quote of the Month: SCOTUS Justice Clarence Thomas

/ Jack Marshall / 11 Comments

“If it’s totally stupid, you don’t go along with it…”

—Supreme Court Justice Clarence Thomas, in comments at Catholic University in Washington, D.C., as he explained why he thinks the traditional reverence for Supreme Court precedent (stare decisis) makes neither legal nor logical sense

In discussions with some of my more fair and rational progressive lawyer friends about the Dobbs decision overturning Roe v. Wade, several of them admitted that Roe was a terrible opinion, badly reasoned and sloppily written. This has been the consensus of most honest legal analysts since the 1970s, but never mind, Roe declared the right to kill unborn children for any reason whatsoever a right, so for abortion-loving feminists and their allies (including men addicted to promiscuous sex without responsibility), Roe was a “good” decision. But my colleagues who knew it was not just a poor decision but a terrible one condemned anyway, because, they said, it violated stare decisis, the hoary principle that the Supreme Court should eschew over-turning previous SCOTUS decisions even if they were outdated or clearly wrong, in the interests of legal stability, preserving the integrity of the Court and insulating the institution from the shifting winds of political power.

Like many principles, that one sounds better in the abstract than it works in reality, and Roe is as good an example as one could find short of Dred Scott. Roe warped the culture and turned living human beings into mere inconveniences whose lives could be erased at whim. How many millions of human beings don’t exist today because of the ideological boot-strapping logic of that decision, which bizarrely equated the right to contraception to the right to kill the unborn?

Reverence of bad decisions as beyond reversal is also a handy political weapon: as several wags have noted, stare decisus is mandatory when the precedent at issue is progressive cant (like Roe), but when the Left passionately believes a SCOTUS decision was wrongly decided, it’s time for an “exception” to stare decisus. In his recent appearance at D.C.’s Catholic University, where he taught at the law school until protesters against Dobbs in his classes forced him to stop, Justice Thomas pointed to Brown v. Bd. of Education, the landmark decision that overturned a well-established Court precedent holding that “separate but equal” was a principle that allowed segregation in the public schools as he neatly eviscerated the intellectually dishonest position that SCOTUS precedent must be sacred.

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Ethics Quiz: The Lawyer’s Facebook Post

/ Jack Marshall / 13 Comments

Insurance litigator Bradley Dlatt was fired by law firm Perkins Coie and has been erased its website after he posted on Facebook,

“Charlie Kirk got famous as one of America’s leading spreaders of hatred, misinformation and intolerance.The current political moment—where an extremist Supreme Court and feckless Republican Congress are enabling a Republican president to become a tyrant and building him a modern-day Gestapo for assaulting black and brown folks—is a result of Charlie Kirk’s ‘contributions’ to American media and politics. Hell, Kirk would likely be flattered by the underlying claim. His Turning Point USA began as a sort of Misbehaved Young Republicans and eventually overshadowed traditional right-wing organizations like CPAC in dictating the shape of American conservatism. Not to diminish Donald Trump’s media instincts, but when polls suggest young men turning more conservative helped get Trump to this point, that’s all Kirk. And he can take credit for all that flows from that, including the current Supreme Court making a straightfaced proclamation that forgiving student debt is executive tyranny and then deciding that sending people to South Sudan without due process is just “practicing executive authority the right way.” It’s not “celebrating” a murder just because you decline to whitewash Kirk’s legacy by acting like he “was practicing politics the right way” as Ezra Klein belched out onto the pages of the New York Times. Klein apparently believes saying that the guy who tried to murder Paul Pelosi with a hammer should be bailed out by some “patriot” or responding to the murder of George Floyd by calling him a “scumbag” is “the right way.” It’s a stunning display of pathological centrism brain: a compulsion to champion an angle that almost no one in the real world shares and then preen as though being an outlier is a sign of genius. Because while liberals didn’t think Kirk practiced politics the right way… neither did conservatives! If they’re being honest with themselves, the highest compliment conservatives give Kirk is that he broke politics. He saw the dusty, genteel norms of the post-War political divide and tossed them aside to build a following. He took Rush Limbaugh’s model and pushed it beyond its limits. That said, no one in this country should be murdered for their political speech. Wishing comfort to his wife and children in this difficult time. “

Your Ethics Alarms Ethics Quiz of the Day: Continue reading →

Unethical Quote, Ethics Dunce, Incompetent Elected Official…the Usual EA Designations Are Inadequate For Rep. Jasmine Crockett’s Latest “It Isn’t What It Is” Idiocy

/ Jack Marshall / 19 Comments

Rep. Crockett—-remember, she’s considered a “rising star” in the reeling Democratic Party—actually said this:

“And so I do want people to know that just because someone has committed a crime, it doesn’t make them a criminal.”

Interesting. The definition of “criminal” is literally “a person who has committed a crime” or the equivalent in every dictionary in existence, but never mind: this is the totalitarian Left of 2025, for which Big Brotherish denial of reality—you know, like “War is Peace” “or “Biden is as sharp as a tack” or “Harris ran a flawless campaign” is foundational.

Lest you think I have pulled Crockett’s latest nonsense out of a context where it is defensible (I can’t imagine what that would be, though), here is her whole rant, from an appearance on the podcast “Getting Better with Jonathan Van Ness.” Incidentally, you know everything you need to know about Van Ness to avoid him and his podcast like the plague by the fact that her statement didn’t prompt him to say, “What? What the hell are you talking about?”

Here’s Crockett’s whole statement:

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Ethics Quiz: Congress’s D.C. “Bananas” Law

/ Jack Marshall / 14 Comments

In Woody Allen’s “Bananas,” one of those comedies that struck me as hilarious when it came out and now seems obvious and juvenile (though the courtroom scene is still inspired), the new dictator of the banana republic of “San Marcos” decrees that all citizens under the age of 16 are 16. I thought of that moment when I read that the GOP House voted Tuesday to allow 14-year-olds to be tried as adults for serious crimes in the District of Columbia.

This is one of several bills to follow-up on President Donald Trump’s (overdue) crime crackdown in D.C., in which he declared an emergency and asserted control over D.C. police while sending in armed National Guard troops to make the message beyond ignoring.

Th emergency expired last week as House Republicans advanced the 14 bills, since Congress can pass or overturn D.C. laws because it has constitutional authority over the city. The bill treating 14-year-old as adults resonates because D.C. teens have accounted for more than half of robberies and carjackings so far in 2025.

The legislation passed by the House yesterday would allow 14-year-olds to be charged as adults for murder and armed robbery without a judicial hearing. Currently that authority only applies for offenders for ages 16 and up.

Your Ethics Alarms Ethics Quiz of the Day:

Is prosecuting young teens as adults ethical?

In other words, is it fair? Does it address the real problems involved, or is it just a “Do something!” measure? Given the wide variation in maturity levels among teens, does the bill even make sense? There are 14-year-olds who are shaving and are bigger than their fathers, and other who appear to be 10. Does one size fit all?