Law & Law Enforcement

More VP Debate Ethics: Oh-Oh! Tim Walz Doesn’t Get That First Amendment Thingy…

/ Jack Marshall / 17 Comments

Does this bother you? It should: It bothers me. And Walz has been saying the same illiterate crap about free speech for years. I don’t want Presidents who don’t understand the First Amendment. It means they are incompetent at least, and dangerous at worst. If I don’t want a President with these deficits, I don’t want a Vice President with them either.

I was late to this particular party because I can only find one transcript of the debate online, CBS’s, and the site demands that I dump my ad-blocker to read it. Bite me. This is public information, and CBS shouldn’t have a monopoly on it: that’s unethical. Journalism has no public interest at heart at all, at least not the outlets I usually deal with.

When J.D. Vance pointed out that Walz had said there is no First Amendment right to misinformation,” Walz interjected “or threatening, or hate speech.”  Why do woke fools like Walz keep saying this? While “True threats”—meaning threats that are accompanied by the means and circumstances to carry them out—aren’t protected by the First Amendment. Misinformation that falls short of fraud or defamation definitely is, indeed outright lies are protected.

“Hate speech” also has full First Amendment protection. Walz, a high ranking member of the Democratic Party, the pro-censorship party, naturally is in favor of gutting free speech, or he doesn’t know what it is. I’m guessing both.

That’s particularly troubling in someone who taught school.

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Harris Is Losing the Meme Wars, So Naturally Democrats Want To Censor Memes

/ Jack Marshall / 9 Comments

Who would have expected the AI metaphorical tidal wave to have an influence on the Presidential election? Memes are a breeze to make using artificial intelligence, and while I got heartily sick of my Facebook friends bombarding me with political ones, I have to admit that the technology has the silver lining of taking blunt and biased punditry out of the political cartoonist monopoly and letting some very witty people make satirical political statements.

So far, at least, it appears that conservatives have mastered meming before the Left has, and in this race for President, that is having impact, though how much and how significant is impossible to tell. However, it is clear that the Kamala-Harris-as-a-Communist memes are getting under the skin of some Democrats—one of my Trump-Deranged relatives was complaining about those just yesterday—and so now there are calls for “something to be done” about anti-Harris memes. On MSNBC’s “The Sunday Show,” NPR’s Maria Hinojosa was very upset about AI images of Harris presented in Maoist uniforms:

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Here’s Your Ethics Challenge: Argue Convincingly That It Would Have Been More Ethical For This Horrible Couple To Abort The Baby…

/ Jack Marshall / 21 Comments

Early favorites for “Parents of the Year”!

Darien Urban, 21, and Shalene Ehlers, 20, decided to sell their baby to a stranger while they were at a camp ground. (No, they weren’t married: why would you even ask?) As Mom explained later, having to deal with a baby while taking care of three dogs was just too much. All they asked for was a six-pack of beer and a thousand bucks. What a deal!

“I, Darien Urban and Shalene Ehlers, are signing our rights over to [Cody Martin] of our baby for $1,000 on 9/21/24,” their contract read. Good: these things should be legal. “After signing this there will be no changing y’all two’s minds and to never contact again,” it concluded.

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Ethics Dunces: U.S. Judicial Conference Committee on Financial Disclosure

/ Jack Marshall / 5 Comments

Problem: Judges getting adverse public scrutiny for not reporting potential conflicts of interest and avoiding the appearance of impropriety.

Solution: Lower the standards for conflicts of interest and the appearance of impropriety.

Problem solved!

Yecchh.

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Why I Just Billed A Client For My Dog’s Evening Walk….

/ Jack Marshall / 19 Comments

In “The Firm,” the corrupt lawyer played by Gene Hackman tells new associate Tim Cruise that he is supposed to bill for every second he is thinking about a client’s work, in the shower, on the toilet, at the movies. Inflating fees is one of the most flagrant and common of all lawyer misconduct, and it is almost impossible to prove unless a lawyer does something stupid like billing more than 24 hours a day (and an amazing number of lawyers have tried that). In the film version of “The Firm,” in fact (though not in the novel) Cruise’s character uses proof that the mobbed-up firm he worked for was over-billing clients to wiggle out of his own legal and ethical dilemma.

As a general rule, I think it’s generally dishonest to bill clients for every thought.

I am preparing an ethics report, and doing so with a famous, legendary, super-credentialed lawyer who charges four times what I do as my ethical adversary. His experience and credentials make me look like comparative piker, but 1) I’m on the right side of this issue 2) his ethics report was pathetic and 3) this case is in my wheelhouse, not his.

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This Is So Stupid I Can’t Even Come Up With A Headline That Does It Justice…

/ Jack Marshall / 6 Comments

However, I did summon George Costanza…

CTV News in Calvary, Canada blithely reported this as if it made perfect sense…

“Calgary police have released a photo of a suspect wanted in connection with a fire in the community of Riverbend that damaged multiple homes. Emergency crews were called to a home in the 100 block of Riverglen Crescent S.E. at 12:40 a.m. on Thursday, Aug. 22 for reports of a blaze. The fire gutted a garage and caused damage to two homes. No injuries were reported.”

And here’s the photo police posted:

Yup, it was that infamous Dick Tracy villain, Blur-Face! “Because police think the suspect is a teen, they blurred the face in the photo that was released,” the CTV says. Oh. Makes perfect sense—in Canada, maybe. “The identity of young offenders is protected under the Youth Criminal Justice Act,” we are told.

Correct me if I’m wrong, but if young offenders’ identities are protected, why are police asking people to identify this one? Officers are hoping someone may recognize the teen’s clothing, you see. My brain hurts: so they can publicize aspects of a “young offender’s identity” as long as it’s…what, not sufficient to be likely to identify him?

How does it advance respect for law enforcement to have police do something this pointless without out their appearing to acknowledge it’s probably futile? How does news media justify reporting the senseless as if it makes perfect sense?

Oh Yeah, This Is a Great System….

/ Jack Marshall / 25 Comments

I guess it’s a bit ungrateful to post this after being paid to do an ethics training for a federal agency, but still: anyone who expects governments to solve more problems than they create just isn’t paying attention. The problem, or course, isn’t the nature of government itself, but rather the human beings that operate them. And the brains that operate the human beings.

I present for your edification Craig Adams’ nightmare…

Adams recently learned that his 8,300-square-foot Raleigh, North Carolina home where he lives with his wife is no longer registered in his name. Oh, his mortgage and property taxes are up to date, but never mind—the deed to his home is now belongs to a stranger. Adams said one day he learned that a woman and probable grifter named Dawn Magnum had the deed to his home transferred into a trust she managed. He only learned about this when the property management company for his HOA asked him if he had sold his home after Mangum contacted it to get access to the private gated community where Adams’ property is.

Magnum initially said she thought Adams’ property was in foreclosure so she managed to get the deed to the home into her trust. “She filed a false warranty claim deed against this house and basically tried to steal it,” Adams told the news media.

Dawn Mangum has been arrested and charged with is obtaining property by false pretense.

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From the “Ethics Corrupters” File: “Law and Order SVU,” “Part 33.”

/ Jack Marshall / 1 Comment

I got sick of “Law and Order: SVU” long ago, so this 2019 episode, from the 20th season (and it’s still going!) escaped my ethics radar until I reached it by accident this morning and had to watch the whole thing as an obligation to Ethics Alarms.

The episode titled “Part 33” is a perfect example of how popular culture is corrupting American values and ethics problem-solving skills with Hollywood’s constant propaganda opposing personal responsibility, the Rule of Law, and promoting emotion-based judgement rather than decisions based on fact and logic.

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‘OK, Maybe He Beats His Kid, But What Matters Is That He’s A Great Mayor’

/ Jack Marshall / 6 Comments

I’m paraphrasing there, just to be clear. The actual statement, from Atlantic City Mayor Marty Small’s lawyer referring to his client and his client’s wife being charged with child abuse, was this head-blower:

“In fact, since elected mayor, Mayor Small has faithfully discharged all the duties, responsibilities and obligations of his office. So there is no public element to this indictment. It is all about private family affairs within the Small household.”

You are wrong, Zealous Representation Breath, but nice try anyway. Small’s lawyer, Edwin Jacobs, was stressing that the indictment did not accuse Small of official misconduct in his role as mayor, as he tried to assist his client in avoiding the political backlash from the charges (which Small denies, of course). This is arguably justifiable nit-picking in defense of a client, but it is also the kind of technical lawyer-speak that makes the whole profession look slimy.

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Gee, I Wonder Why the Public Is Losing Trust In The Justice System….

/ Jack Marshall / 18 Comments

I am heading to Richmond to do a three hour legal ethics seminar, and in my preparation, I ran across this depressing story. The seminar is called “Legal Ethics Unmasked,” and man oh man, has watching lawyers, prosecutors and judges reveal the creeps beneath been disillusioning.

The ABA headline was certainly clickbait: “Judge settles suit accusing lawyer of threatening to release her intimate photos in bid to scuttle deposition.”

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