Law & Law Enforcement

In Alabama, A Blood Sucking Judge

/ Jack Marshall / 7 Comments
Judge: 'If you don't have money, you can pay your fine in BLOOD!' Wait...WHAT?

Judge: ‘If you don’t have money, you can pay your fine in BLOOD!’ Wait…WHAT?

Not to hold you in suspense, this is unethical. In fact, it’s incredibly unethical.

In Alabama,  Perry County Circuit Judge Marvin Wiggins is prevented by Alabama law from jailing those who owe a debt to the state.t—debtors prison was abolished long ago. Wagner, however, has been recorded in his court telling indigent parties owing money  that they have the option of contributing their blood or paying up, and if they opt for neither, “he sheriff will have handcuffs waiting” for them.

The Southern Poverty Law Center has filed a judicial ethics compliant, Explained the SPLC on its website.

“Defendants in more than 500 criminal cases, which can be as minor as hunting violations, were mailed notices to appear before Wiggins on Sept. 17. Dozens showed up to pack the courtroom for a hearing on the restitution, fines, court costs and fees they still owed. When Wiggins took the bench, he offered defendants with empty pockets and full veins an option.Wiggins said to consider the option of giving blood “a discount rather than putting you in jail.” However, no one who donated blood received any “discount” on their court debt; they simply received a reprieve from being thrown in jail. Most of the people in the courtroom still owed thousands of dollars to the court – even after years of making payments, according to the complaint. Virtually every case included fees that indigent defendants had been charged to recoup money for their court-appointed counsel, the complaint states. Without speaking to the judge about their financial situation, many indigent defendants gave blood out of fear of going to jail.”

The complaint outlines several ethics violations, SPLC says, including failure to demonstrate professional competence and failure to uphold the integrity of the law. It also describes how forced blood donations violate the U.S. and Alabama constitutions. I would think that most educated American could name several of these. Due Process? No law exists making forfeiture of blood a legal penalty for anything. Cruel and usual punishment, per the 8th Amendment?
 Continue reading →

“The Good Wife” Jumps The Ethics Shark

/ Jack Marshall / 8 Comments

jumping the shark

I saw this coming several seasons ago- that the once ethically challenging CBS legal drama “The Good Wife” was on the way to strapping on Fonzie’s old water skis and jumping the old Ethics Shark. Sure enough, after being able to watch the show irregularly and being either confused or disappointed when I did, I finally got a chance to watch an entire episode last night. The Shark has been officially jumped and TGW is no longer bothering to check with its legal ethics consultants. This is known as “The David Kelley Syndrome,” as all of that producer’s legal dramas, “The Practice,” “Ally McBeal,” “Boston Legal,” etc, begin plausibly and end up in the Legal Ethics Twilight Zone as the writers run out of ideas.

In last night’s episode, “Cooked,” Good Wife Alicia’s defendant was charged with making GHB. He claims innocence because he wasn’t making authentic GHB, but a GHB-like substance,without the same chemical compound as GHB itself and thus less dangerous.  Alicia explains the law to him, which is that he would be better off if his intent was to make GHB but he  ended up with the pseudo GSB by mistake, instead of successfully making the possibly illegal GHB-like drug intentionally.  She says that he needs to be clear which he did, and tells him to tell the truth.

This is the common, much criticized defense lawyer tactic called “The Lecture” in the novel “Anatomy of A Murder.”  A lawyer is bound to explain the law to his or her client, and that sometimes means educating a client regarding how to “remember” what happened.

Then Alicia discovers that her defendant isn’t who he claims to be. He’s an FBI agent, and he’s part of an FBI sting to prove the judge in the case is taking bribes. She says she’s going to tell the judge about his false identity (and also that the charges were fake) so he tells her and that if she blows his cover, he’ll tell the judge that she suborned perjury by  giving “The Lecture.” She backs off, and agrees not to tell the judge.

Suspend her.

1. If she has a personal interest (Rule 1.7) that conflicts with her duty to protect client confidences (Rule 1.6), like her conflicting duty as an officer of the court to report a fraud on the court, a.k.a. THE WHOLE CASE, then the least she must do is withdraw under Rule 1.16. Continue reading →

How Can This Be Unethical, When All Lawyers Are Whores Anyway?

/ Jack Marshall / 6 Comments

(I just wanted to get this joke out of the way right at the start.)

"Need a lawyer? Here's my card..."

“Need a lawyer? Here’s my card…”

Well, we have read about all sorts of unusual lawyer avocations in Ethics Alarms—the dominatrix lawyer, the hypnotist lawyer, the superhero lawyer, the illegal immigrant lawyer, ethicist lawyer—but I didn’t expect to see this one in my home state.

An already suspended Massachusetts lawyer,  Karen Andrade, has been charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services. Using the name of “Rose,” Andrade frequently hosted middle-aged men her home, prompting the neighbor’s complaint. One of the men told police that he paid Andrade $150 for sex.

Observations:

  • I knew the legal profession was in a slump, but I never thought it was this bad.
  • Yes, this is an ethics violation. It is breaking the law, assuming she is found guilty.
  • Hooking calls her honesty and trustworthiness into question only because it is illegal. Would she have legal ethics problems if she were a Nevada lawyer, and no law was violated? I don’t think so. Back in 2007, I wrote about Traci Bryant, a.k.a.Anita Cannibal, the porn star who worked her way through law school at a legal house of prostitution. I conclude that if the activity is legal, nothing about prostitution appears to violate legal ethics.

See why I made that joke before you could?

 

Ethics Alarms Reminder: Don’t Forget About The Links…

/ Jack Marshall / 11 Comments

Homemade-Sausage-Recipes jpg

Those links to other websites on the left are seldom accessed, I suppose because most blogs accumulate them on a quid pro quo basis: link to me, and I’ll link to you. Ethics Alarms doesn’t do that. If the link is there, it’s because I use the site to identify ethics issues or as an information resource. I don’t remove links because a site has removed mine or refuses to link to this one; I don’t take revenge on bloggers who write nasty things about me, either.

This isn’t personal, it’s just ethics.

I’ve been meaning to highlight some of the links for a long time, so readers might be moved to check them out. I assume you are familiar with the news aggregation sites, right, left and center, that I use the most: Mediaite, Politico, Drudge, The Daily Beast, Huffington Post, Google News, Think Progress, memeorandum, and Fark (great for teacher scandals!), as well as the ones that I don’t use, because they are either too biased to trust or have proved untrustworthy, like Breitbart, Buzzfeed, Gawker and The Daily Kos. (I am close to abandoning the Daily Caller as well.) Here are eleven links you should explore; I’ll have other lists of links for you now and then: Continue reading →

The Gangolf Jobb Affair: When The Only Tool You Have Is A Hammer…You Can End Up Looking Pretty Silly

/ Jack Marshall / 13 Comments
"HA! Just what I need to stop illegal immigration!"

“HA! Just what I need to stop illegal immigration!”

Meet Gangolf Jobb, a German scientist, and the inventor of Treefinder.  Treefinder is often used in  scientific papers to build “phylogenetic trees,” which are  diagrams that showing the most likely evolutionary relationship of various species, from sequence data. He is angry at nations that, in his view, are endangering capitalism and the world by allowing too many migrants and immigrants to cross their boarders. So to punish such countries, including the U.S., he is  revoking the license to Treefinder of scientists in Germany, Austria, France, the Netherlands, Belgium, the United Kingdom, Sweden, and Denmark, and the United States.

There are many things wrong with this solution. Most of all, it is unjust. I think I might be able to come up with something less related to immigration and refugee policy than phylogenetic trees, but it would be a challenge. What is the point, not to mention the logic—and this guy is a scientist!—of punishing an elite group of scientists for what their native politicians are doing? The victims of Jobb’s indignation have no special power in this matter, don’t involve themselves in it, and don’t advance it by misuse of his software. This is warped accountability and responsibility; it is like kicking your dog because you are mad at the neighbors. Continue reading →

Ethics Musings I : The Dark Side Of Personal Injury Lawyers

/ Jack Marshall / 28 Comments

better-call-saul

I’ve been reflecting, since yesterday, on the bizarrely angry and intellectually dishonest protests registered here and on his own blog by trial lawyer Eric Turkewitz regarding the aunt who sued her 12-year-old nephew. His arguments, if you can call them that, consisted of constantly shifting the issue from ethics (what the aunt should have done) to law (what the aunt had a legal right to do), denying the core problem (Why would anyone assume that a child is harmed by dragging him into court, subjecting him to examination in front of strangers, and focusing on him as a wrongdoer and responsible for his aunt’s alleges misery, all mandated by the aunt who supposedly loves him?), and appealing to a dizzying list of rationalization and fallacies. He then made his exit by accusing me, a lawyer, of “knowing nothing about the law” (I made no assertions about the law at all—this is not a legal issue) making everyone stupid, and being a narcissist, a full-bore ad hominem attack ending in an ominous “May God have mercy on your soul!” Why would he act like that?

The reason, I realize, is that my posts challenge the basic belief system of the plaintiff’s bar, which I know very, very well having worked in an executive position and run such diverse programs as the research data base, conventions, sections, litigation groups and more over seven years with the Association of Trial Lawyers of America. Now ATLA is called “The American Association for Justice,” a name chosen purposefully to disguise the fact that it is a plaintiff’s lawyer’s lobby by keeping “trial lawyers” out of the name because it had a negative response in marketing studies. (I kid you not.)

Trial lawyers have done a lot of good and important things and continue to, but the profession is corrupting. There is a lot of money to be made, and ATLA–excuse me, AAJ, is devoted to eliminating any limits on their members’ ability to sue anyone for any amount, no matter what harm it does to the economy, the nation, the cost of health care, the bonds of trust in society, personal liberty, or public respect for the civil justice system. Individually, members of AAJ are among the top donors to the Democratic Party, in part to make sure that they can block all Republican efforts to limit jury awards, spurious lawsuits, and damages that have to be paid by negligent corporations when they destroy lives through shoddy products, conspiracies, and other conduct. The other reason is that Democrats support the redistribution of wealth, and trial lawyers profit by it.

In the matter of keeping corporations accountable, the AAJ is, as they will constantly remind us, on the side of the angels. But like other interest groups (the NRA, the ACLU, NOW, and may more) that stake out  extreme, self-serving and unethical positions in defense of legitimate rights, trial lawyers often feel that they must take the position that every injury and misfortune deserves compensation by someone else. Eventually, they believe it. Justice is taken out of the equation for all but the plaintiffs bar’s clients. Justice means that someone else is always at fault. Continue reading →

My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

/ Jack Marshall / 71 Comments
This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading →

The Worst Aunt Ever

/ Jack Marshall / 83 Comments
(L) Auntie Jenn in her "Loving Aunt" disguise, and (R), my best guess at what she looks like without it...

(L) Auntie Jenn in her “Loving Aunt” disguise, and (R), my best guess at what she looks like without it…

[ WARNING: This story may make your head explode. I’m not sure why mine didn’t; it may because there’s nothing left to blow.]

Jennifer Connell, a 54-year-old human resources manager in Manhattan, is suing her 12-year old nephew, Sean Tarala, in Connecticut for $127,000 in damages for an accident that occurred at his 8th birthday party.

On March 18, 2011, Connell arrived at the Tarala home  to attend Sean’s birthday party. She was greeted with the sight of the excited kid riding his major gift, a red bicycle, around the the yard.  When he spotted Aunt Jennifer, he jumped off his new bike and ran toward her, shouting, “Auntie Jen! Auntie Jen!”

Connell testified that “all of a sudden he was there in the air, I had to catch him and we tumbled onto the ground. I remember him shouting, ‘Auntie Jen I love you,’ and there he was flying at me.” Connell said she her wrist was hurt, but she didn’t mention it because “It was his birthday party and I didn’t want to upset him.” Now, however, though he has always been “very loving, sensitive,” toward her, Connell believes he should be held accountable for her injury. Continue reading →

Democratic Candidate Debate Integrity Watch: Will Anderson Cooper Make Hillary Defend Her Unethical Private E-Mail? Will Her Opposition?

/ Jack Marshall / 29 Comments

HillaryClinton phone

The Democratic Party is in the process of ridiculing democracy at work on the other side of the aisle, as it seems to be emulating the Communist Party, USSR style. Its pre-anointed nominee for President, Hillary Clinton, is being exposed—exposing herself, really—as a liar, as incompetent, as a terrible campaigner and as possessing no core values (but she’s a fighter!), and yet her alleged rivals refuse to call her to account on the issue that has revealed so many of her deficits, the private e-mail server. The party is limiting debates to protect her from the public realization that she’s a dud, and Democratic talking points keep surfacing to confuse and distract regarding the e-mail issue. The story was broken by the New York Times, the lies were authored by the Clinton campaign team, and the irregularity was sufficient to spark an ongoing FBI investigation, yet everyone from Clinton’s surrogates, loyal pundit supporters and the candidate herself—and her Deceit Sensei husband—continue to represent the matter as a GOP concoction.

The evidence is strong that CNN, which hosts tonight’s debate, is in on the fix. Here’s an exchange from last week between CNN’s Ashleigh Banfield and Democratic strategist, a.k.a Hillary Clinton strategist, Robert Zimmerman:

BANFIELD: But you’ve got to – you’ve got to admit, Robert, that the Republicans are delivering any script that – that Bernie Sanders may need to go after [Hillary] Clinton. What’s her ammo against Bernie Sanders?

ROBERT ZIMMERMAN, DEMOCRATIC STRATEGIST: Look, here’s the deal: any Democrat who resorts to reciting Republican talking points is going to hurt themselves amongst the grassroots-

BANFIELD: So you’re saying you don’t think he’s ever going to touch the e-mail scandal – or, it’s not even a scandal-It’s really a controversy. But ‘scandal’ is the Republicans’ word for it-

ZIMMERMAN: Yeah-

BANFIELD: So far, no one has determined there’s any scandal there.

ZIMMERMAN: Of course not! And I think Senator Sanders is too fine a person to engage in reciting Republican talking points like that. But there will be debates around issues; debates around policy; and it’s going to be pretty exciting. This is going to be an historic debate, because CNN’s present – really, bringing the Democrats to the nation for the first time.

Some notes on this disgraceful example of a journalist behaving as a partisan flack:

Continue reading →

Comment of the Day: “Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Continued)”

/ Jack Marshall / 25 Comments

GunsBad-copy

Ethics Alarms’ eccentric philosopher Michael Ejercito, who excels in asking provocative questions, ends his Comment of the Day regarding the attack on gun ownership with the query, “Why do people use such discredited arguments?”

There’s certainly a lot of discredited arguments in the air. A writer named Michael Pusitan wrote a risible post (inspiring a very funny Animal House referenced take-town by the Instapundit) about getting rid of his guns, ending with this passage:

Last week, I sat in a hotel room and watched the President talk about the latest mass shooting and how they had become routine and the concern that nothing would change. I started to shrug it off and pretend in my mind that there was nothing I could do. But the idea that gun culture doesn’t bear some responsibility for these killings didn’t make sense to me. I didn’t want to be a part of gun culture anymore.

I was never going to use these guns for self-defense, they were safely locked and out of reach. I don’t hunt. I don’t shoot clays. There are no dangerous animals where I live. There are no zombies. I’m not a police officer or soldier. I am not part of a well regulated militia. There’s no reason for me to have them.

So I got rid of them. Firearms are no longer a hobby of mine.

This well-exposes the logical disconnect of virtually all the “WE GOTTA DO SOMETHING!” rants from political exploiters of the recent shootings, where the tragedy is used to insist on measures that will have no effect on preventing the tragedies at issue. Pusitan getting rid of his guns is grandstanding, that’s all. His action won’t save a single life, and if he snapped and decided to go shoot up a church he’d still be able to buy the guns to do it. Meanwhile, the statement “I didn’t want to be a part of gun culture anymore” is pure, distilled ignorance. It’s not the gun culture, you fool, it’s the culture, and unless you want to book a slow boat to China, you’re part of it whether you like it or not, because you live here, and derive the good and the bad from the uniquely vital and productive individual initiative and freedom-based culture that is the United States of America.

(Instapundit’s joke quotes Otter: THESE TIMES CALL FOR A REALLY STUPID, FUTILE GESTURE. And he’s just the guy who can do it.)

The answers to Michael’s question are many: because they don’t know what they are talking about, because they have no good, honest proposals, just bad, dishonest ones, because they are preaching to the choir and not really interested in changing anyone’s mind, because the whole debate is framed by emotion, not facts.

Here is Michael Ejercito‘s Comment of the Day on the post, “Who Are You Calling A Nut?” And Other Ethics Issues In The Community College Shooting Aftermath (Continued)”

A column from George Skelton on this issue, and my response.

It is really quite simple: Guns are designed for killing. The more guns there are, the more people get killed. That’s not just simple logic. It’s simple fact.

The same thing have been argued with regards to alcohol- or black people.

And no other developed nation comes close to us in firearms fatalities. We’re at 10-plus per 100,000 people. One third are homicides, two thirds are suicides.

I wonder if George Skelton even heard that California has legalized assisted suicide. The state thus declared that suicide is a good thing. Continue reading →