Law & Law Enforcement

Another Unethical (But Funny!) Use of AI in the Law

/ Jack Marshall / 3 Comments

In March, the Arizona Supreme Court launched two AI-generated avatars named Victoria and Daniel: thats the pair above. These AI, non-existant personas deliver news of judicial rulings and opinions in the state via YouTube videos. Jerome Dewald, a 74-year-old plaintiff was inspired to say, “Hold my beer!”

Dewald created an AI-generated video avatar to deliver his argument via Zoom in court. Five New York State judges at the New York State Supreme Court Appellate Division’s First Judicial Department were anticipating his pro se presentation in an employment case on March 26, but instead of the elderly litigant they saw a young man in a button-down shirt and sweater.

“May it please the court,” said the un-named avatar. “I come here today a humble pro se before a panel of five distinguished justices.” Justice Sallie Manzanet-Daniels, interrupted the presentation before the avatar (the avatar’s pronouns were “it” and “it”) could speak another word , saying “Okay, hold on. Is that counsel for the case?” After Dewald confirmed that he had generated the non-lawyer non-person using AI, Manzanet-Daniels ordered the video to be turned off.

Continue reading →

Pssst! Somebody Tell Sen. Klobuchar That She Needn’t Work So Hard At Embarrassing Minnesota With Gov. Walz Doing Such a Bang-Up Job of It…

/ Jack Marshall / 9 Comments

When did “Minnesota Nice” mutate into “Minnesota Stupid”?

Following the charging of a Wisconsin judge who pretty clearly obstructed justice and used her position to prevent an illegal immigrant and criminal from being arrested, Sen. Amy Klobuchar (D. Minn), as you can see above, tweeted, “This is not normal. The Administration’s arrest of a sitting judge in Wisconsin is a drastic move that threatens the rule of law. While we don’t have all the details, this is a grave step and undermines our system of checks and balances.”

Remind me to shake that in front of the faces of my various friends and relatives who supported this shallow, foolish woman when she was running for President in 2020. Her tweet is one more smoking gun proving that Democratic officials will find excuses to accuse President Trump of threatening the “rule of law” and “separation of powers” and creating a “constitutional crisis” regardless of what he and his administration does.

Hilariously, Klobuchar admits that she doesn’t know what she’s talking about —“we don’t have all the details”—but in fact the details already made it as clear as Saran-wrap that Milwaukee Judge Hannah Dugan deliberately set out to interfere with the lawful arrest of an illegal immigrant. Dugan’s bizarre conduct revived memories of another lawless judge with a soft spot for illegals, Massachusetts District Court Judge Shelley M. Richmond Joseph, who was indicted in federal court in Boston on obstruction of justice charges for preventing an U.S. Immigration and Customs Enforcement officer from taking custody of an alien defendant. She delayed ICE while her staff secretly let the illegal escape out the courthouse back door in the Spring of 2018, before Trump Derangement had reached pandemic levels.

The details on Dugan’s effort to thwart law enforcement are worse, as this thread by Prof. Margot Cleveland amply demonstrates. Also hilariously, Democrats are condemning what sure looks like a legitimate criminal charge against a Democratic judge as politically motivated after they spent 2024 applauding lame, contrived and blazingly political prosecutions of Donald Trump while they intoned, “Nobody is above the law.”

Continue reading →

Of Course Unethical, But What Was This Parent Thinking?

/ Jack Marshall / 14 Comments

Most Ethics Alarms posts involve analysis of what I regard as ethical or unethical activity with larger lessons attached regarding society, organizations, institutions and prominent or influential individuals. Now and then I choose an incident where there is no dispute about whether the conduct was unethical, but it was just so unethical that I feel attention must be paid, if only to remind us how depraved and devoid of ethical instincts and values the people around us can be. An esteemed commenter recently complained about such a post.

My motivation for these no-doubters is usually what it is in this case: I want to know how such a thing could happen. What was the miscreant thinking? How could they ever believe that their conduct was acceptable? Where has our society and culture failed to the extent that an incident like this could ever occur?

Teresa Isabel Bernal, 33, was arrested this week for bringing jello shots to her daughter’s fifth grade Christmas party. The party was held on Dec. 20, 2024, at Jones Elementary in Tyler, Texas. Bernal told the Tyler Independent School District police officer that she didn’t know that the cups of jello contained liquor when she bought them, but the evidence indicates otherwise.

Continue reading →

“What’s Going On Here?” Is This Incident Just A Single Teenage Idiot In Love Or Does It Have Larger Cultural Significance?

/ Jack Marshall / 6 Comments

The time is January 2024. A few minutes after a Carnival Sunrise cruise ship left the port of Miami, Florida for Jamaica, Carnival Cruise Lines received an anonymous email saying: “Hey, I think someone might have a bomb on your sunrise cruise ship.”  This triggered security protocols that involved both the US and Jamaican Coast Guard. More than 1,000 rooms on the ship had to be searched, and were. After a delay of many hours, the ship was ruled safe to sail and continued the cruise.

An investigation eventually traced the email to 19-year-old Joshua Darrell Lowe II of Bailey, Michigan. He confessed to making the false bomb threat, explaining that he was trying to prevent his girlfriend and her family from going on the cruise without him. Though Lowe could have been sentenced to five years in prison, U.S. District Judge Paul Maloney this month sentenced him to only eight months behind bars. The judge was apparently impressed by the teen’s letter to the Judge taking full responsibility for his actions, expressing remorse, and apologizing profusely.

There is no question that such an act is unethical as well as potentially dangerous. I am interested in whether our political and popular culture sends messages to the young, impressionable and stupid that this kind of extreme conduct in the name of love or other passionate feelings is admirable.

Continue reading →

A Morning “Nelson”! Condign Justice For NY A.G. Letitia James

/ Jack Marshall / 27 Comments

This story has so much delicious irony to it, I’m afraid to look in the mirror for fear that I have literally turned into Nelson Muntz, the “Simpsons” character who mocks everyone else’s misfortunes.

The Federal Housing Finance Agency has referred New York Attorney General Letitia James to the Department of Justice for alleged mortgage fraud. Bill Pulte, director of FHFA alerted U.S. Attorney General Pam Bondi in part,“Based on media reports, Ms. Letitia James has, in multiple instances falsified bank documents and property records to acquire government backed assistance and loans and more favorable loan terms…This has potentially included 1) falsifying residence status for a Norfolk, Virginia-based home in order to secure a lower mortgage rate and 2) misrepresenting property descriptions to meet stringent requirements for government backed loans and government assistance.”

You can read the documents here and here. In one case, the Democratic Party hit-woman charged with executing the lawfare against Donald Trump so he couldn’t run for President received a lower mortgage rate by falsely swearing that a home in Norfolk, Virginia would be her “primary residence” when her job as New York’s Attorney General required her to live in that state. In the other, James misrepresented a five-unit property as a four-family unit to receive “a conforming loan through the Freddie Mae/Freddie Mac Form 3033,” which is only available for buildings with four or fewer units. Hilariously, this is the same woman who prosecuted Donald Trump for misleading financial statements, intoning that “No one is above the law.” Perfect!

Continue reading →

The Lawyer Disability Conundrum

/ Jack Marshall / 2 Comments

I frequently discuss lawyers continuing to practice under temporary disabilities, like bad colds, flues, serious pain (like migraines) or painful injuries. The lines are blurry indeed, but if a condition causes a lawyer to be sub-par in serving a client’s needs, the client should be informed, and the lawyer should be prepared to either delay the matter or find a replacement. Progressive disabilities, like age-related declines in stamina and cognitive ability, also have to be taken seriously by an ethical lawyer and dealt with responsibly in the best interests of clients.

Missouri has a rule that allows for a court to suspend a lawyer after an adjudication of disability or incapacity. This week the Missouri Supreme Court summarily suspended a lawyer after the lawyer had been found disabled by a Social Security judge. She has medical issues affecting her eyesight, back, and hands,and she also suffers from chronic migraines. Her lawyer insists that her judgment has not been affected, and that she is still capable of competent and zealous representation of her clients. The applicability of the Americans with Disabilities Act is obviously an issue.

The suspended lawyer cites the precedent of Paul Alexander, a recently deceased Dallas lawyer who specialized in ADA cases. He graduated from the University of Texas School of Law. Alexander had polio as a child, which rendered him a quadriplegic. He used an iron lung except when a case required him to leave his workplace in a wheelchair and practiced law for more than 40 years typing on his personal computer using a device he held in his mouth. Alexander also painted and wrote a book.

Presumably his clients were aware of his disability ans consented to his representation of them despite his disability. Presumably also, he would have been suspended in Missouri. Still, is the proper standard to be applied to all lawyers reasonably embodied by Paul Alexander, who was an outlier by anyone’s definition?

Ethics Verdict: The President’s Executive Orders On Chris Krebs and Miles Taylor

/ Jack Marshall / 8 Comments

This is easy: irresponsible, petty and stupid.

President Trump signed a pair of executive orders directing that there be federal investigations and other sanctions against high-profile administration critics from his first term. The first is former homeland security official Miles Taylor. He’s the jerk who wrote the anonymous New York Times op-ed in 2018 boasting about how he and others were working behind the scenes to sabotage the first Trump term. describing an internal resistance to Trump in his first term. The other is Christopher Krebs, the former head of the Cybersecurity and Infrastructure Security Agency (CISA), who worked to oppose Trump’s claims that the 2020 election was “fixed” and “stolen,” and was was subsequently fired.

In the case of Taylor, the President implied in his remarks that he engaged in “treason,” which is a stretch, to put it lightly. Krebs was fired: that should have been punishment enough. In either case, Trump has bigger fish to fry, as the saying goes, and these orders do nothing to advance his agenda.

Continue reading →

Some Funny Things Happened on the Way to the Ethics Alarms Friday Forum…

/ Jack Marshall / 23 Comments

Last week’s open forum was wild, man, and I hope today’s can be as lively.

Based on the early returns, there’s a lot to bloviate about in the ethics world. The amateur golf champ playing in the Masters was caught pissing into a creek on n the 13th hole at Augusta National golf course. Pennsylvania judge Sonya McKnight was just convicted of shooting her sleeping boyfriend in the head. (Seems awfully judgmental…). Almost all Democrats in the House voted against the bill requiring voter ID in Federal elections. Yes, their determination to prove the cognitive dissonance scale wrong continues apace! A black Congressman tried to discuss issues with a Trump-Deranged white female and was called a “race traitor”…

…and we learned that after VP JD Vance’s March visit to Pituffik Space Base in Greenland, the Col. Susan Meyers, the commander of the 821st Space Base Group who also oversees the Pentagon’s northernmost military base, issued a gratuitous email to the base’s personnel stating that he did not speak for her of the base. What an idiot. (She was fired.) Finally, we have this stupid incident, in which Frontier Airlines let a woman fly to Puerto Rico with her “emotional support parrot” but wouldn’t let the bird on the return flight. (Gift link.)

Be careful. It’s stupid out there…

Law vs. Ethics (Again): The AP Wins Its Lawsuit

/ Jack Marshall / 31 Comments

When the Associated Press refused to rename the Gulf of Mexico the “Gulf of America” in its style book, the White House excluded the once-essential news organization from its press briefings.The AP filed a lawsuit arguing that this was a violation of the First Amendment by the Trump Administration, as an infringement on the Freedom of the Press and the first Amendment.

Yesterday U.S. District Court Judge Trevor McFadden ruled in the AP’s favor, granting the AP’s motion for a preliminary injunction. Judge McFadden acknowledged that there is no constitutional right to attend a press briefing at the White House:

[T]his injunction does not limit the various permissible reasons the Government may have for excluding journalists from limited-access events. It does not mandate that all eligible journalists, or indeed any journalists at all, be given access to the President or nonpublic government spaces. It does not prohibit government officials from freely choosing which journalists to sit down with for interviews or which ones’ questions they answer. And it certainly does not prevent senior officials from publicly expressing their own views……[But]while the AP does not have a constitutional right to enter the Oval Office, it does have a right to not be excluded because of its viewpoint….

Continue reading →

Not Opinion, FACT: AG Bondi Is Wrong and Unethical To Suspend Justice’s Acting Deputy Director of the Office of Immigration Litigation

/ Jack Marshall / 10 Comments
- This is your opinion? - It's a fact.

I was afraid of this.

I am completely in sympathy with President Trump’s determination to have only people he can trust as his department and agency heads after his first term debacle, when so many people stabbed him in the back that his suits must have looked like pin cushions. Nonetheless, appointing Pam Bondi as Attorney General was reckless and hard to defend, as Bondi and “legal ethics” have seldom been compatible. This episode is a particularly blatant example.

Erez Reuveni has worked at the Justice Department for nearly 15 years, most recently as the acting deputy director of the Office of Immigration Litigation. Reuveni appeared in federal court in Maryland last week to respond to the court’s questions regarding the government’s admission that it should not have deported Kilmar Abrego García on March 15 as part of the airlift of purported gang members to the Terrorism Confinement Center in El Salvador. Reuveni acknowledged the mistake and told a judge that he did not know what authority the U.S. used to deport Abrego García. “My answer to a lot of these questions is going to be frustrating,” Reuveni told U.S. District Judge Paula Xinis. “And I’m frustrated that I don’t have answers to a lot of these questions.” Xinis ordered the Trump administration to arrange the return of Abrego García, who is married to a U.S. citizen, by no later than 11:59 p.m. today.

Attorney General Bondi promptly suspended Reuveni. Bondi explained, “At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences.”

Continue reading →