Law & Law Enforcement

Boy, If Aleysha Ortiz Wins Her Lawsuit, a Lot of School Boards Will Be Sweating Bullets…

/ Jack Marshall / 6 Comments

Aleysha Ortiz, 19, has sued the Hartford Board of Education and city officials alleging that she cannot read or write even though she graduated with honors from Hartford Public High School in 2024. Her suit accuses defendants of negligence by failing to provide adequate special education services. She told CNN that she was promoted all the way through 12 years in Hartford public school despite never acquiring fundamental literacy skills; in a May 2024 city council meeting, she testified that she was unable to read or write, yet was awarded an honors diploma.

Ortiz is now enrolled at the University of Connecticut: yes, she was accepted and got a scholarship despite being, in her own assessment, illiterate. She explains this by her adeptness in using technology such as speech-to-text and text-to-speech programs.

Says Newsweek, amusingly, “The case has drawn attention to how academic achievement is measured and whether special education students are truly receiving the skills they need to succeed beyond high school.”

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MORE From The Res Ipsa Loquitur Files: White Mother, Black Baby

/ Jack Marshall / 2 Comments

Several times in the past I have cited the famous case of the severed toe in the plug of tobacco. It stands for the proposition that certain occurrences are so clearly a result of unforgivable human error that no further evidence is needed. This is the doctrine of res ipsa loquitur, “The thing speaks for itself.” The Mississippi Supreme Court stated that try as it might, it could “imagine no reason why, with ordinary care human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless.” I’m confident that those judges would have come to the same conclusion in the case of the botched IVF procedure that ended up with a mother giving birth to another couple’s baby.

Someone was very careless….

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From the Res Ipsa Loquitur Files…

/ Jack Marshall / 3 Comments

The Resurrection Church Oakland (PCA) held this event last week.

In related news, spectacularly unethical Fulton County prosecutor Fani Willis sent an angry letter to Representative Jim Jordan of Ohio, the Republican chairman of the House Judiciary Committee today. She is furious that the committee is quite appropriately investigating the degree to which her part of the “Get Trump!” lawfare last year was orchestrated and coordinated with the Biden Administration.

“Rather than honor and uphold the oath you took, you have chosen to expend your time attempting to bully me, which is a complete waste of your time,” Willis wrote. “Might I suggest that instead of attempting to disrupt this office’s work protecting the people of Fulton County, that you celebrate Black History Month by visiting children in your district to teach them about the many contributions African Americans have made to this country—including those who have advanced democracy by successfully advocating that this nation live up to its ideals that everyone is equal before the law and everyone has the right to have their voice heard through exercising their right to vote. That would be a much more productive use of your time.”

___________________

Pointer: Not The Bee.

I’m Not Forgetting The Alamo This Year, and Other Concerns…

/ Jack Marshall / 5 Comments

That is one of several plaques around San Antonio that memorializes William Barrett Travis’s desperate but inspiring letter on this date in 1836 calling for assistance as the fortress Travis commanded found itself under siege by the Mexican army. Last year at this time, I’m ashamed to say, I was too preoccupied to write about the Alamo, its defenders and its importance in American history and lore. I’m just as preoccupied now, frankly, but also determined not to neglect my duty to give proper respect and acknowledgement to 220 or so volunteers who, by their courage, comradery and dedication to a cause, displayed the best of the American spirit. Travis, Bowie, Crockett, Bonham and the rest would have really gotten a kick out of Trump’s post-assassination attempt theater.

Meanwhile,

1. I won’t be using the History Channel’s daily history prompts from now on. It seriously hacked me off, first by insisting that I consent to an A&E “Consumer Agreement” and not making a way to consent to it evident, but worse, presenting me with this monster (skip to the end; for God’s sake don’t try to read it!)

I have lectured and written abut this before. No ethical lawyer should prepare such a thing which they know with 100% certainty that literally no one can or will read. That’s not informed consent. That’s chicanery. Nor should a consumers have to pay lawyers to explain what what they are agreeing to. If I were asked to advise a client about the propriety of inflicting such a document on anyone, I would a) end up charging them several thousand dollars for my time and b) tell them that if they couldn’t cut the agreement down to three pages while defining every legal term in it, I would regard it as signature significance for an untrustworthy company. Give consumers a video to listen to that explains what the document covers in simple English. Something…anything but that mess. This is how Disney ended up using the agreement to sign up for a free trial on Disney+ to try to dodge a negligence suit at EPCOT. Over the past year, as I have been digging out from a financial disaster, I’ve become really good at saying, “You know what? I don’t want or need this service enough to tolerate the way you manipulate and mistreat customers. Screw you.”

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Municipal Government Ethics Follies [Clarified]

/ Jack Marshall / 8 Comments

Do you think the Federal and state governments have major ethics culture problems? Municipal governments say “Hold my beer!”

1. The city with the deadest ethics alarms in the U.S.? It might be Quincy, Florida…

Quincy hired Robert Nixon as its city manager. Now Quincy Commissioner Beverly Nash has called on the city commission to terminate Nixon, alleging the city violated its own guidelines and possibly state law by hiring him. Why, you well may ask?

Nixon had pleaded guilty to charges of embezzling government funds and served 21 months in prison. The 2010 criminal case was brought after Nixon and an accomplice schemed to pocket $134,000 in federal Housing and Urban Development grant money meant for Tallahassee-area small businesses. Nixon was the director of Florida A&M University’s urban policy institute when he stole from a grant fund-holding account at Florida A&M Federal Credit Union, where his co-defendant was president. The two tried to disguise withdrawals as consulting and administrative fees. They got caught red-handed.

Quincy has a population of about 8,000 and is located at the center of Gadsden County. “Technically we have gone astray and violated our own policies and procedures,” Nash said during a city commission meeting. “When adherence to policy slowly erodes, what is left? Wrong becomes right. The lines and boundaries are missing and blurred.”

The controversy is bogged down in a technical debate over whether or not it is illegal for Quincy to hire a convicted felon who has not had his right to hold official office restored. You can read the details of that irrelevancy here. It doesn’t matter whether Quincy can hire someone who had embezzled government fund as its city manager. Whether the city can or not, it is incompetent, irresponsible and stupid to do so. This is signature significance on metaphorical steroids. Nixon, predictably, is full of talk about redemption and second chances. “I had a debt to society and I paid it. I think it’s important that there is a pathway forward for people with felonies who want a second chance,” Nixon says. Sure there is a pathway: that path begins somewhere the felon does not have opportunities to steal his employer’s money.

The reality is this: nobody who is trustworthy embezzles government funds once or ever. Maybe a city could justify hiring a contrite former embezzler as its city manager after every candidate in the country who has not embezzled cash perishes from some China-planted ethics plague. Absent that unlikely scenario, the hiring is indefensible.

Here’s my favorite part of this astounding story: The Quincy city attorney was one of Nixon’s defense lawyers in the embezzlement case.

2. Oh no, flags again…

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Guest Post: Revisiting the Promises and Realities of Obamacare

/ Jack Marshall / 7 Comments

By AM Golden

[I’m grateful to AM Golden’s guest post for many reasons, among them the chance to revisit (above) the moment when the late Senator John McCain‘cast a petty and unethical vote to save the Affordable Care Act, which he had opposed, from repeal just to spite Donald Trump. I am also glad, I guess, to have AM remind us of the decietful manner in which it was passed, with Democrats insisting that the ACA was not a tax, then later defending it before the Supreme Court on the grounds that it was a tax. JM]

One of the government expenditures I’d like to see looked into by DOGE is the cost and usefulness of the Affordable Care Act, particularly the tax subsidy

Full disclosure: I work for a nationwide health insurance company. 

Not long ago, I commented how taxpayers are often gouged when the government spends our money.  We’ve seen inflated prices by government contractors.  We’ve read about the massive fraud perpetuated by those who got loans during the Pandemic to allegedly keep their businesses afloat.   I suggested in that earlier comment that the availability of student loans has doubtlessly caused tuition rates to rise.  The temptation of bottomless coffers of cash is hard to resist.  I suspect it has resulted in higher costs for medical care submitted through Medicare/Medicaid.  I noted then that government-paid health care would cause medical costs to go even higher.

It isn’t that U.S. citizens aren’t sympathetic to people who are sick, especially to those severely injured in accidents through no fault of their own or born with congenital conditions.  In the 1990’s, government regulations established, among other things, requirements that health insurance carriers offer two of their most popular plans as Guaranteed Issue plans for those who could not get insurance elsewhere.  These plans were expensive, but they put the onus for paying on the policyholder and not the taxpayer.  It was a step, but, like other attempts at helping sick people get coverage, it didn’t address the cost of medical care. 

And neither would the next attempt.

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On the Eric Adams Prosecution and the Sassoon Letter

/ Jack Marshall / 9 Comments

I admit it: I’ve been avoiding this large, stinky elephant in the ethics room because I have nothing good to say about any side of the controversy.

It’s all very depressing. The organization I belong to consisting of just about every legal ethics teacher, lawyer and consultant in the country immediately showed (again) how Trump Deranged and biased the membership is. After the resignation letter of February 12 from then S.D.N.Y. U.S Attorney Sassoon to U.S.AG Pam Bondi refusing to carry out the DOJ’s directive that she move to dismiss the then pending corruption indictment against NYC Mayor Eric Adams (Quote: “It is a breathtaking and dangerous precedent to reward Adams’s opportunistic and shifting commitments on immigration and other policy matters with dismissal of a criminal indictment….Such an exchange…violates common sense beliefs in the equal administration of justice, the [DOJ’s] Justice Manual [for federal prosecutors], and the Rules  of Professional Conduct.”), the listserv was immediately awash with comments like this one: “Once the rule of law cease, so does democracy. A client has the right to instruct an attorney; the attorney may seek to be relieved if the client’s directive is offensive. But what do we do when a “client”, or anyone, seeks to end democracy?”

Riiiight: not continuing with what looked a lot like a politically-motivated prosecution of Adams by the Biden Administration threatens democracy.

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Tough Call: Who Is the Greater Ethics Dunce, David Hogg or the Democrats Who Elected Him Vice-Chair of the DNC? [Corrected]

/ Jack Marshall / 11 Comments

David Hogg, had he not been a student at Marjory Stoneman Douglas High School when a mass shooting occurred, might have grown up to be a useful, ethical, productive and emotionally healthy human being. Unfortunately, he is likely to be a lifetime victim of the shooting, for it propelled him into the career path of being a professional single-issue fanatic, America’s Greta Thunberg but on the issue of gun control rather than climate change. In an example of the chaos PTSD can wreak on the vulnerable, Hogg has been transformed into a cynical grifter by a mass-murderer’s bullets. It’s tragic, but that doesn’t mean his unethical conduct should be tolerated, much less rewarded.

Barely two weeks after his election as a Democratic National Committee official, Hogg began using DNC contact lists to solicit donations to his own political action committee, “Leaders We Deserve.” That PAC pays his salary of more than $100,000 a year, according to Federal Election Commission records. “David Hogg here: I was just elected DNC Vice Chair! This is a huge win for our movement to make the Democratic Party more reflective of our base: youthful, energetic, and ready to win,” reads one the texts he sent out to the DNC’s vast database. The texts include a link to his PAC.

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Unethical Tweet of the Month: CNN Chief White House Correspondent Kaitlan Collins

/ Jack Marshall / 16 Comments

Could we possibly have more irresponsible, untrustworthy, detestable broadcast journalists than we have now?

CNN Chief White House Correspondent Kaitlan Collins supported the assassin of UnitedHealthCEO Brian Thompson in the “Twitter/X” post above, directing readers to a site set up by the shooter’s lawyer that featured a prominent link to a GoFundMe for the murderer’s defense. Luigi Mangione, who strains the use of the term “alleged” as he was caught on camera shooting the victim in the back and arrested with incriminating evidence on his person has become the darling of the sickest of the sick among progressives. Leftists ranging from Elizabeth Warren to the most unhinged of my Facebook friends have rationalized Mangione’s cowardly crime as “understandable.” “You can only push people so far. And then they start to take matters into their own hands,” slimed Warren (BOY she’s horrible!) Mangione faces charges of first-degree murder in furtherance of an act of terrorism.

After the disgusting tweet attracted appropriate criticism ( “This is @CNN — pimping the GoFundMe for a left wing assassin,” tweeted Ace of Spades, completely accurately) Collins took it down–this is known as “subsequent repairs” in negligence law—and then employed manifest deceit to defend herself. “In no way did I share a fundraising link for him,” she protested.

No, she posted a link to a website that had the fundraising link displayed at the top of its page. Her claim that the fact the website existed was “newsworthy” does not explain or excuse her promoting it on social media. Jorge Bonilla on Newsbusters rightly asks what the reaction would have been to a Fox News journalist who posted the address of a site that linked to a GoFundMe for J-6 rioters.

The Trump White House has opened the long overdue debate over whether openly biased, partisan, unprofessional and untrustworthy journalists should continue to have press credentials at White House briefings. I would expand that discussion to whether people like Kaitlan Collins should be recognized as journalists at all.

Comment of the Day: “Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law”

/ Jack Marshall / 1 Comment

This Comment of the Day from the stellar Harkins household—this is from Ryan Harkins–was just posted three days ago and it seems like eons. It responds to another one of my arguments that sufficient demonstrations of stupidity by lawyers even outside the practice of law should be grounds for disbarment—a suspension isn’t enough, because such a lawyer will not become smarter after a professional “time out.” I think the first time I suggested this reform to legal discipline was when “The View’s” token lawyer, racist Sunny Hostin, suggested that eclipses and earthquakes were caused by climate change. It upsets me just think about the fact that this idiot has a law degree.

Here is Ryan’s Comment of the Day on the post, “Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law”…

***

A basic and important rule of gun safety, perhaps the preeminent rule, is that you should never point a gun at anything you don’t intend to shoot. Playing around with a gun in the fashion that Medina did shows a disturbing lack of gun safety in particular, but of the principal normalization of deviance in particular.

To delve into a little bit of brain science, in following the cognitive-emotive-behavioral model, we start with a desire. Perhaps in Medina’s case, it was simply to have fun. But how would he possibly conclude pulling the trigger of an unloaded gun is fun?

There are a large variety of ways we can try to satisfy our desires. In the case of hunger, we could seek satiation from a myriad of venues. In the case seeking stress relief, we could seek out a movie, a game, exercise, or any of a host of other options. But there are options we can choose from that are unhealthy, dangerous, or even illegal. When presented with all these options, our brains experience a byplay between thought and feeling. Does this option satisfy? The emotions clamor for a particular avenue, and cognition weighs the risks and benefits. If I eat a salad, I might not feel satiated, but if I eat a Hardee’s Monster Burger, I’ll be consuming far too many calories. But the salad may not be very tasty, and the Monster Burger is delicious. Whichever way I choose, my brain will record the success or failure of the endeavor, and the next time I am hungry, I will have a precedent to fall back on. They byplay between cognition and emotion in subsequent encounters proceeds much more quickly. The Monster Burger was indeed delicious, filled me up, and I didn’t seem to suffer any negative consequences. So the next time, my brain is patterned to lean toward the Monster Burger because of the positive experience.

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