Law & Law Enforcement

A Brazilian Mugger Picks The Wrong Victim: Someone Please Send This Story To That School That Bans Images Of People “Who Solve Problems Using Violence”

/ Jack Marshall / 50 Comments

mugger caught

This story proves…

  1.  That Wonder Woman dissing school is run by idiots, but we knew that.
  2.  Life has a sense of humor.
  3.  Some problems—many, even— are best solved by violence.
  4.  Trying to mug Wonder Woman would be safer than trying to mug Monique Bastos, and
  5. Nothing could start this long weekend better, at least for me, than a news item  where justice prevails  and anti-violence nuts have a lesson in why it’s better to be strong than meek.

I love it.

Wesley Sousa de Araujo and a fellow punk decided to rob two women on a street in on a street in Acailandia, western Brazil. They didn’t expect one of their victims to be this woman.. Continue reading →

Ethics Quiz: The Lawyer’s Ned Beatty E-Mail

/ Jack Marshall / 6 Comments

miss piggyArizona Supreme Court Rule 41(g), permits attorney discipline based on the bar’s determination that an Arizona lawyer has engaged in “offensive conduct.” Now Dennis Wilenchik, an Arizona lawyer who got in a nasty e-mail exchange with a client over a fee is challenging his “admonishment,” a significant form of bar discipline, based on the surprise declaration of his contentious client that he was never offended. An admonished lawyer will usually accept discipline by consent, which in Wilenchik’s case includes a one-year probation period and anger management treatment.

The e-mail exchange began getting heated when Wilenchik called his client, who owned a medical marijuana consulting business, a “cheap asshole.” Later he threatened to sue for his fee, to which his client replied,“Bring it, bitch!”

Wilenchik’s evocative response: “OK drug dealer—I look forward to the many nights and mornings when you think of my name and squeal—you mean nothing to me. Check out the movie Deliverance.”

You know, like in this classic film moment…

Yes, cultural references to film classics are very useful. Still, it was this reference that clinched it with the disciplinary committee.

Wilenchik’s lawyer says there is newly discovered evidence showing that the client’s complaint to the bar was based on a claim that the client feared he would be gang raped because of the reference to “Deliverance.”

In a declaration, the complaining client now says he wasn’t offended by anything in Wilenchik’s emails:

“In fact, I thought that Mr. Wilenchik’s last Deliverance email to me was rather humorous actually, and stated in such a manner that neither I nor any reasonable person would or could seriously construe this to be a real intent to harm me or my family. Moreover, Mr. Wilenchik’s last Deliverance email to me was exactly what I would expect anyone, including a lawyer, to write after I sent an email saying, ‘Bring it bitch.’ In other words, these emails were harmless banter which I instigated and therefore it is impossible for me to have been offended.”

Your Ethics Alarms Labor Day Weekend Ethics Quiz is this:

Does someone have to be offended for a lawyer’s conduct to be sufficiently offensive to warrant discipline?

Continue reading →

Comment of the Day: “Disqualified For High Office: Senator Ted Cruz (R-Tx)”

/ Jack Marshall / 58 Comments
legs

(Some of the many legs Kim Davis and Ted Cruz don’t have to stand on…)

My posts are long enough, I think everyone will agree, and often a lot more than that. Believe it or not. I’m always debating whether to include more detailed and footnoted arguments that make the blog more like the New Yorker, and I usually opt for the shorter version. I am always grateful when an articulate commenter expands on the post expands, at any length, on what I present and adds some of the sources I have read and others, putting more flesh on the bones of my position.

johnburger2013 has done Ethics Alarms a service by doing this regarding my posts about recalcitrant Kentucky clerk Kim Davis, now known as Inmate 8522901, and hosanna to that. In particular, I am grateful for his Scalia reference. The Volokh Conspiracy is the best reference for issues like this, as Prof. Volokh and his cohorts lean libertarian but brook no nonsense. You know, like Ted Cruz’s rant. Thanks to jvb also for using that site deftly.

Here is his Comment of the Day on the post, Disqualified For High Office: Senator Ted Cruz (R-Tx): Continue reading →

Disqualified For High Office: Senator Ted Cruz (R-Tx)

/ Jack Marshall / 52 Comments
See, Ted, it's crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Never mind. Just stay in the Senate, and you can say stupid things you don't believe with minimal harm.

See, Ted, it’s crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Oh, never mind. Just stay in the Senate, and you can say stupid things you don’t believe with minimal harm. Deal?

Eventually, I may have to post a full list of the current Presidential candidates who have definitively disqualified themselves, by evidence of character, integrity, honesty, temperament, trustworthiness, leadership ability  and core values (or, in the cases of Hillary Clinton and Donald Trump, the absence of them), from the very office they seek. Frankly, I’m afraid that no one will be left.

Senator Ted Cruz’s recent statement about Kim Davis, the now correctly jailed Kentucky clerk who cites God’s authority to justify defying the law, is so irresponsible, dishonest and cynical that he has to be moved to the top of the list.

Here it is. My comments are in bold.

“Today, judicial lawlessness crossed into judicial tyranny. Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America…

This is a lie, and a gross mischaracterization of the facts. Kim Davis can live and worship any way she chooses. She objects to same sex marriage, and she may refuse to associate with gay married couples, refuse to attend gay weddings, make whatever statements opposing gay marriage she chooses, picket gay weddings, lobby for a Constitutional amendment and more.

What she cannot do is refuse to perform the duties of her office, and withhold from citizens the government services they have a right to receive because of her religious beliefs. It is beyond legitimate question in law and ethics that she does not have the right to do this. She has been arrested for defying a court order and being in open contempt of legal judicial authority. This is not unprecedented, this is America, and must be America if democracy and rule of law is to function. Continue reading →

Now A Judge Is Punishing Innocent Citizens Because He Doesn’t Like Gay Marriage

/ Jack Marshall / 30 Comments

atherton

Meet Hamilton County (Tennessee) Chancellor Jeffrey Atherton, a local judge who is throwing a high-profile tantrum to show that he doesn’t agree with the U. S. Supreme Court’s same-sex marriage decision. Atherton denied a divorce petition last week, but not really because of the case at hand.. After hearing from seven witnesses and going through 77 exhibits, he rejected the requested divorce by Thomas Bumgardner and his wife, Pamela, stating that the Supreme Court’s ruling declaring gay marriages a right destroyed Tennessee’s ability to determine what constitutes marriage or divorce.

No, it doesn’t make sense.

 

Atherton said the Supreme Court must clarify “when a marriage is no longer a marriage”  and until it does, Tennessee courts are unable to handle  marriage and divorce litigation.  “The conclusion reached by this Court is that Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces,” Atherton wrote.

 Or the short version: “I am an asshole with power!”
Continue reading →

JFK’s Death, Hanlon’s Razor, And How Truth Gets Buried Forever

/ Jack Marshall / 104 Comments

JFK Hickey

I am a student of Presidential assassinations (as you might guess by the posts on McKinley and Garfield), and have been most of my life, ever since I saw a TV special called “Web of Conspiracy” when I was 10, about the Lincoln murder. That led me to read the  best-selling book the special was based on, an 800 page, sensational analysis of the mysteries behind Lincoln’s death, by mystery writer Theodore Roscoe, who dabbled in history. The book’s theories and insinuating style are more convincing to a ten-year-old than an adult (I read the book many years later, and it drove me crazy), but the book still has a lot of fascinating tales and theories in it. I was hooked.

Oddly, the one Presidential assassination that has interested me least in recent years is the one I lived through, the assassination of President Kennedy. Blame Oliver Stone, Kevin Costner and Jim Garrison: “JFK” was the most dishonest movie I had ever watched (still is) and I walked out of it when its lies and distortions got too much for me about a third of the way through. Even before Stone’s brilliantly directed piece of crap. I was sick of the conspiracy theories, though Stone manufacturing a link to Lyndon Johnson was the final straw. Yes, the bitter Vietnam veteran really got back at LBJ; I hope it made him feel better. I, however, was soured on the whole topic.

I should have been paying more attention. Netflix is showing a documentary with the generic conspiracy theory title of “JFK: The Smoking Gun,” which was shown on cable two years ago. I missed it; if I had been aware of the film, the title and the subject matter—Oh, who’s behind it now? The Mafia? Nixon? Woody Harrelson’s father?—would have kept me away. But while I was on the road for a couple days doing ethics seminars for VACLE, my wife watched the documentary, and when I returned, sleep deprived, weak and submissive, she made me watch it.

Fascinating. And troubling. Continue reading →

Unethical Quote of the Week: Kim Davis

/ Jack Marshall / 132 Comments

“I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act. Our history is filled with accommodations for people’s religious freedom and conscience. I want to continue to perform my duties, but I also am requesting what our Founders envisioned – that conscience and religious freedom would be protected. That is all I am asking. I never sought to be in this position, and I would much rather not have been placed in this position. I have received death threats from people who do not know me. I harbor nothing against them. I was elected by the people to serve as the County Clerk. I intend to continue to serve the people of Rowan County, but I cannot violate my conscience.”

—-Kim Davis, Rowan County Kentucky Clerk  and hero of the addled, who has been making an ass out of herself while inconveniencing and insulting citizens of the State of Kentucky who only wish to get a marriage license, as is their right, in an official statement today released by her lawyers.

Stop in the name of arrogance and ignorance!

Stop in the name of arrogance and ignorance!

The U.S. Supreme Court declined to extend a temporary stay of a federal court order directing Davis to stop grandstanding, do her job and issue marriage licenses to a same-sex couples. One of the couples that Davis sought to deny the equal protection of law sued her, hence the order.   Davis’s lawyers, who have been giving her lousy advice, appealed  that order to the Court of Appeals, which stayed the lower court order until August 31. Now the stay of the order is no longer in effect, she’s out of even semi-rational options, and the courts are out of patience.

Davis, expressing certainty regarding her gross misinterpretation of law, religion, the Bible, and what it means to have a job, embraces a version of the Rule of Law that would lead directly to a theocracy. She is doing more damage to Christianity by her high profile idiocy than any gay couple possibly could. Continue reading →

The Disturbing Case Of The Intimidated Juror

/ Jack Marshall / 20 Comments

Courtroom Jury Box

I don’t like the implications of this story one bit.

In Clayton County, Georgia, a jury had just come in with an acquittal verdict in the trial of Eric Lydell Smith, who had been charged with nine counts including malice murder, felony murder and aggravated assault, in connection with the death of his neighbor, Eric Hernandez. Two years ago, Smith and Hernandez got into a fist fight on the street where both lived. Smith, an African-American, says he shot Hernandez—the mainstream newsmedia would refer to him as a “white Hispanic” if he had done the shooting— in self-defense, but prosecutors and witnesses told the jury the fight had ended and Hernandez was walking away when Smith killed him.

“Not guilty of malice murder,” the jury foreman read from the verdict form, as Hernandez’ family openly wept in court. One not guilty verdict after the another was announced. Then prosecutors, nobody is certain why, asked the judge to take the unusual step of polling the jury members. The first eleven jurors, in turn, repeated the announced verdict of “not guilty” on all counts. Then the 12th juror, a white woman,  answered the judge’s  “Is this your verdict?” with a shocking “No, your honor.”

That’s a mistrial. Smith will probably be retried. Continue reading →

Unethical Quote Of The Month: The Democratic National Committee

/ Jack Marshall / 15 Comments

blm

“[T]he DNC joins with Americans across the country in affirming ‘Black lives matter’ and the ‘say her name’ efforts to make visible the pain of our fellow and sister Americans as they condemn extrajudicial killings of unarmed African-American men, women and children.”

—-The Democratic National Committee, in a resolution passed last week endorsing #Black Lives Matter”

You think that having Donald Trump running (temporarily and momentarily) as a front-runner in the race for the 2016  Republican Presidential nomination is embarrassing for Republicans? That’s nothin’! The official endorsement of the racist, violence-promoting, anti-police and anti-rule of law movement Black Lives Matter ought to disqualify the Democratic Party as a trustworthy political organization until it stops pandering and apologizes for this statement.

Black Lives Matter is a racist, anti-white, hate-fueled organization that considers any law enforcement involving black criminals presumptively racist. The movement continues to rely on false and discredited media and activist narratives (“Hands up! Don’t shoot!”), citing “victims” like Michael Brown as the justification for its existence, presuming guilt in cases where the facts are uncertain or in legitimate dispute (Eric Garner was not “choked to death,” nor was he intentionally killed; Sonny Gray’s death is still unexplained; there is no evidence that Tamir Rice’s death was related to race). The primary result of the group’s efforts so far have been to increase racial tensions, to spark deadly attacks on police officers, and to cause a catastrophic rise in urban murders as police avoid proactive methods and stops involving black suspects to avoid becoming the next Darren Wilson. Continue reading →

Three Florida Lawyers Discover How Reporting a Crime Can Be Unethical

/ Jack Marshall / 16 Comments

DUI_setup

How can you get disbarred for reporting a drunk driver? Three Florida lawyers were up to the task.

Stephen Diaco, Robert Adams and Adam Filthaut were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial, and Judge W. Douglas Baird,  the referee in their legal ethics case,  wrote  that Stephen Diaco, Robert Adams and Adam Filthaut should lose their licenses permanently under the legal ethics standards of the Florida Bar.

In 2013, C. Philip Campbell was representing radio shock jock Todd “MJ” Schnitt in his slander suit against another DJ, “Bubba the Love Sponge” Clem. Clem was represented by the Adams and Diaco law firm. Campbell  left court and went to Malio’s Steakhouse in downtown Tampa, near his home and office. While Campbell was at the eatery, he was spotted by Melissa Personius, a young paralegal who worked for Adams and Diaco.

According to testimony, Personius called her boss, Adams, to report that Campbell was in the restaurant. Then Personius sat next to Campbell and the two bought each other drinks. As the night proceeded, Personius periodically relayed information to Adams. Adams then contacted Diaco and Diaco constacted Filthaut to agree upon next steps. The key was that Filthaut was friends with Sgt. Raymond Fernandez, who was then head of the Tampa police DUI unit, thus was able to sic  the DUI unit on the unsuspecting opposing counsel, who was in the process of being plied with liquor by Adams and Diaco’s attractive paralegal.

When it was time to for the targeted lawyer to leave, Campbell told Personius that she was too tipsy to drive and offered to call her a cab. Personius protested that she didn’t want to leave her car at the restaurant overnight and asked Campbell  if he would move the car for her. “Of course,” he said, nice guy that he is. As Campbell drove her vehicle up the street, he made an illegal turn and was pulled over by Fernandez officers, who were lying in wait. He was arrested and charged with DUI. Continue reading →