Law & Law Enforcement

Now THIS Is A Legal Ethics Violation!

/ Jack Marshall / 6 Comments

Horrible text messageJeremy Daniel Oliver, a friendly Oklahoma lawyer specializing in criminal and family law, was recently arrested and charged with the felonies of soliciting sex with a minor and distributing obscene materials via technological means. You see, Oliver offered to knock $1000 off his fee for legal services for a female client…

…in exchange for sex with her, or, in the alternative,

…her 18-year-old-daughter, or, as another option,

… her 13-year-old daughter,

…in a text message sent to his client’s phone

...while deputies were with the mother.

Oh yes…he also sent her a picture of his penis.

This alleged conduct involves several ethics rules, I aver, including those prohibiting a lawyer from breaking significant laws, having sex with clients (though, oddly, there is nothing in the rules prohibiting sex with the daughters of clients), and perhaps most of all, charging unreasonable fees, though to be fair, having not seen the photo of Mr. Oliver’s penis, I can’t say how unreasonable.

As Consumerist’s Vivia Chen would say, “Not cool.”

____________________________

Pointer: ABA Journal

Facts: News OK

If Only The Profession Was This Strict AFTER Admitting A Lawyer To The Bar…

/ Jack Marshall / 11 Comments
No, surprisingly in light of last week's revelations from Cambridge, the applicant who cheated on her bar exam did NOT go to Harvard. I'm as stunned as you are!

No, surprisingly in light of last week’s revelations from Cambridge, the applicant who cheated on her bar exam did NOT go to Harvard. I’m as stunned as you are!

One of the legal profession’s ethics anomalies is that its character standards for entering legal practice are far more unforgiving than the standards for keeping one’s license to practice after being admitted. For while John Edwards continues to be a North Carolina lawyer in “good standing,” an Ohio bar applicant was held to lack the requisite good character to be a trustworthy lawyer (Ohio Supreme Court opinion here) because of the following set of facts.

When Jasmine Shawn Parker of Covington, Kentucky was taking the Ohio bar exam, a test monitor reported that she had continued to write for up to 30 seconds after “time” was called on a set of two exam questions, and then again for 45 to 60 seconds on two sets of two exam questions. The Board of Bar Examiners investigated, and asked Parker’s tablemates about their observations or her actions, if any, after time had been called. They reported that Parker had continued writing for maybe a second or two past the declared deadline on Day 1 of the exam, and on the second day, had continued to write past the stopping point “long enough to get at least two lines of writing on paper.” As a penalty after these findings, the Ohio Board of Bar Examiners gave Parker no credit on the exam question with the highest point value. Never mind: Parker’s score was high enough to pass the bar exam anyway. Her alleged cheating, however, led the Board of Commissioners on Character and Fitness to recommend her license be denied, with the opportunity to reapply.  Continue reading →

Cost of Rick Curl’s ‘Stay-Out-Of-Jail-And Keep-Molesting-Girls’ Card: $6,250 a Year

/ Jack Marshall / 15 Comments
I hope it was worth the cash, Kelley.

I hope it was worth the cash, Kelley.

All in all, you would have to say that renowned Maryland swimming coach Rick Curl made a pretty sweet deal for himself. True, he’s headed to jail now, after pleading guilty to charges of child sexual abuse as a result of the testimony of Kelley Currin. Currin, now 41, was a former swimmer coached by Curl, and was molested and ultimately raped by him over six years beginning when she was only 13. But Curl paid Kelley’s parents, Gerald and Pamela Davies, $150,000 to keep his secret from police, the community, and the swim team (the Davies had read about his abuse in their daughter’s journal and confronted him) in 1989.  Kelley, who was 19 when her family got paid off, waited until last year to finally alert authorities, so Curl kept his freedom, reputation, and most important of all, his opportunity to be trusted with the yummy, young, nubile daughters of other, unsuspecting parents, for a bargain yearly rate of only $6,250.

Not bad! Not bad at all. Continue reading →

Comment of the Day: “Ethics Dunce Meets Ethics Hero”

/ Jack Marshall / 12 Comments

John T., a reader whose final comment on Ethics Alarms is also the Comment of the Day, provided me with another example of the same phenomenon that manifested itself in some of the more extreme comments to the recent Applebee’s post. For many people who are incapable of coherent ethical analysis, the nature of conduct is assessed not according to the ethical or unethical nature of the conduct itself, but according to whether the author of the conduct is liked, admired, identified or sympathized with, especially in comparison to the individual, authority or entity holding that actor accountable for the unethical conduct involved. Thus supporters of the fired Applebee’s waitress who violated the terms of her employment, embarrassed her employer’s customer online, and used proprietary information to do it used all manner of irrelevant or  factually false arguments to make the case that she didn’t warrant punishment, and that it was Applebee’s that was acting wronfully—waitresses are underpaid; Applebee’s doesn’t treat employees well, the pastor was “stealing” by not leaving a tip, the pastor’s obnoxious message “abused” the server (even though the server wasn’t the one who publicized the pastor’s comments), and so on. Because commenters sympathized and identified with the waitress, they crashed through logical and ethical roadblocks to find her innocent of wrongdoing, and mistreated by a big, bad, heartless corporation. In other words, emotion and bias, not objectivity and ethical analysis, took over.

John T. engages in the same fallacious process to defend the 18-year old Xanax abuser who found herself insulting the wrong judge in Miami. His previous jaw-dropping comment described the woman’s horrible demeanor and attitude as “genuinely cooperative and friendly” (she was disrespectful, mocking and seemingly stoned), and opined that unauthorized possession of a controlled substance was a “bullshit charge.” I responded, half in jest,  that with that attitude, it was remarkable that he wasn’t in jail. I’ll be back at the end, but here is John T’s masterful rant, the Comment of the Day on the post, “Ethics Dunce Meets Ethics Hero: Continue reading →

Ethics Dunce Meets Ethics Hero

/ Jack Marshall / 29 Comments

The Dunce: Penelope Soto, arrested for illegal possession of a controlled substance (Xanax), and for riding a bicycle recklessly while stoned. Facing arraignment before Miami-Dade County Circuit Judge Jorge Rodriguez-Chomat to determine bail, she laughed at his questions, gave him a mocking farewell, and finally threw an F-bomb his way.

The Hero: the Judge, who tolerated Soto’s disrespectful, dismissive and seemingly stoned behavior up to a point, but when she turned her back on him to leave with a flippant “Adios!”, he doubled her bail amount from $5,000 to $10,000.*  Her next reaction was a muttered “Fuck you” and a provocatively raised index finger. For that, he found her in criminal contempt.  His sentence: 30 days in jail.

Disrespect for the Court is disrespect for the law, and disrespect for the law is disrespect for the country. I don’t know how people like Ms. Soto reach adulthood without learning this lesson, but bravo to Judge Rodriguez-Chomat for not hesitating to teach it forcefully and well.

The full video of their fateful meeting is above, and worth watching. I recommend showing it to your children, if you have them.

UPDATE: She returned to court with her lawyer, sober and stright this time, and managed a sincere-sounding apology to the judge. He let her out of jail, as he should have. Point made.

*Note: the practical effect of this is to cost Ms. Soto and extra $500, essentially a fine for being rude to the judge. A prisoner typically has to give a bail bondsman 10% of the bail amount to get out of jail until trial. If she doesn’t want to pay that, she can put up the whole amount, which she will get back once she appears for trial.

Accountability For Tawana Brawley

/ Jack Marshall / 17 Comments
Al Sharpton and Tawana, ruining lives. Nice hair, Al.

Al Sharpton and Tawana, ruining lives. Nice hair, Al.

Tawana Brawley was 15 when she was championed by the Rev. Al Sharpton after she falsely claimed that she had been kidnapped, raped, and smeared with fecal matter by a group of white men. Now Brawley, 40, going by the name of Tawana Gutierrez, and employed at a Richmond nursing home, has received a wage-garnishment order to collect the $431,492 judgment against her in a 1997 defamation case brought by one of those men, Steven Pagones, who at the time of her 1987 accusation was a state prosecutor in New York.

Good!

Sharpton, who also was hit with a large damages verdict in the case, has already paid up. His outrageous race-baiting at the time was worth it to him, since it set set the race huckster on the road to celebrity that culminated in his being anointed as a respectable MSNBC host and commentator. Respectable for MSNBC, that is. Brawley still has public support,  as the tender-hearted raise all sorts of arguments why she shouldn’t have to pay Pagones such a large amount. She is poor, they say. He should forgive her. She was only 15. She was disturbed. Now she is a single working mother, and we are really punishing her child. It was all Sharpton’s fault. And so on. Continue reading →

Donald Trump’s Loathsome Lawsuit

/ Jack Marshall / 21 Comments

Maher-Trump-Oran

Normally the result of a tiff between Donald Trump and Bill Maher would interest me about as much as I would be invested in the  winner of a battle between Godzilla and Megalon.  Trump’s lawsuit against Maher in retaliation for an obvious joke, however, is unethical and indefensible no matter how much I enjoy seeing Maher, who could only avoid being the most obnoxious human being in world containing the likes of Trump, suffer.

Maher joked to Jay Leno last month that he would pay $5 million to Trump’s charity of choice if Trump could prove that his birth wasn’t the result his mother having sex with orangutan. I missed it, Jay having joined David Letterman and Jimmy Kimmel in my talk-show host Hall of Ethics Shame, but the line did make me laugh, I confess. Maher’s faux challenge was an obvious riff on the offensive offer Trump made to President Barack Obama during the presidential campaign, in which Trump raised the birther canard again and offered $5 million to the President’s charity of choice if  Obama released his college records and definitive proof that he was really born in the U.S.A.

Nonetheless, Trump decided to behave as if it were a real offer. He had his lawyers send the verification to Maher (Trump’s father, the brains of the family, was a legendary real estate innovator and mogul), and now Trump is suing for the $5 million on the pretense that the comic welched on a legitimate and enforceable unilateral contract. “I don’t know whether this case will be won or lost, but I felt a major obligation to bring it on behalf of the charities,” Trump said. Continue reading →

Ethics Dunce: An Angry Young Man at Yale Law School

/ Jack Marshall / 37 Comments

flame faceA third year law student decided it was appropriate to send an obscene, ranting letter to the entire student body of Yale Law School announcing that he hated “like 90%” of them, and also, in his words (after announcing that he is going to be a writer):

“…fuck you guys, you judgmental, uninformed pricks, patting yourselves on the back on top of your goddamn moral high horses. I realize I am killing my future political career. GOOD. If you’ve read The Republic, you know exactly what my opinion of politicians are. I realize I am burning bridges. EXCELLENT. If I succeed in my passions, I want to make damn sure it is without the help of any of you phony-ass shitdicks. I’ve ALREADY gotten compliments about how inspirational I am, and I haven’t even fucking started yet. That’s the biggest compliment I’ve ever received in my life. It’ll probably take you guys 10-20 years to get that even once, so good luck and keep up the good work!”

His name was included on his post, just to make certain that it keeps him from finding gainful employment with any potential supervisor who doesn’t have a death wish.

A few observations: Continue reading →

Embarassing Democracy: Gabrielle Giffords and Government by Fallacy

/ Jack Marshall / 13 Comments

Giffords Notes

The estimable website Fallacy Files contains much wisdom and many tools, most aimed at helping human beings avoid stupidity and the poor decisions it generates. Among the logical fallacies it documents are the flawed appeals, arguments for a proposition based on the supposed authority of an argument of a person based on factors that should have no bearing on the debate at all. A familiar example is the appeal to ignorance, in which an advocate argues that there is no evidence that X is true, ergo X must be false.

Yesterday, gunshot victim and former Representative Gabriella Giffords made what was called “a surprise appearance” at the U.S. Senate (don’t get me started on how much of a “surprise” it was—just try showing up to testify before the U.S. Senate as a “surprise” and see how far you get.) and made what was widely called “powerful testimony” advocating gun control legislation. It wasn’t powerful testimony; it was pathetic testimony. It contributed neither information nor reasoning to the debate. Giffords said, carefully, in labored speech, “Speaking is difficult. I need to say something important. Violence is a big problem. Too many children are dying. Too many children. We must do something.  It will be hard, but the time is now. You must act. Be bold, be courageous, Americans are counting on you.” Despicably, some Left-wing blogs even managed to use her appearance to further the MSNBC lie that a Sandy Hook’s victim’s father had been “heckled” during his testimony before the Connecticut legislature. “You’ll notice that NOBODY dared to heckle Gabby as she was speaking,” commented one.

Giffords’ testimony wasn’t “powerful.” It was pathetic. It was, in fact, a classic example of another logical fallacy documented by the Fallacy File, the appeal to pity, where emotion is used as a substitute for facts, logic and argument. Continue reading →

But What If David Gregory Shot the Pitbull?

/ Jack Marshall / 13 Comments
Illeagl? Well, it depends. Just WHY are you breaking the law? Is it for GOOD or ILL?

Illegal? Well, it depends. Just WHY are you breaking the law? Is it for GOOD or ILL?

Another hybrid ethics tale has surfaced! Cross pitbulls (or whatever a reporter thinks passes for one) with the gun law debate and the District of Columbia’s refusal to bring charges against David Gregory for breaking its gun laws on national television,  and…bada bing! This (From the Washington Post) :

“The bloody paw prints travel the length of a city block, from a Northwest Washington street corner where police said an 11-year-old was mauled by three pit bulls to the welcome mat at the dogs’ owner’s home. Two days after the attack, in which police said all three dogs were fatally shot, the prints were a reminder of what happened at Eighth and Sheridan streets on Sunday afternoon. Police said a neighbor and an officer shot the pit bulls as they sank their teeth into the boy’s legs, arms, stomach and chest…An uncle of the victim’s said the boy was riding a new Huffy dirt bike with orange rims he had gotten for Christmas. The uncle said his nephew emerged from an alley onto Sheridan Street, where he collided with the pit bulls. D.C. police said the unleashed and unattended dogs attacked the boy before a neighbor who saw it went into his home, got his handgun and fired once, hitting one of the dogs. A D.C. police officer on bicycle patrol heard the shots, and authorities said he shot and killed the other two pit bulls…Of the shooters, the 34-year-old uncle said, “They did the right thing.”

“D.C. police said they are reviewing the incident and have left open the possibility that the neighbor could be charged with violating the District’s gun laws. A police spokesman would not say whether the gun was legally registered. Even if it was, using it on a D.C. street is illegal…”

Some Post readers were appalled that such a heroic action could result in prosecution. Wrote one, indignantly:

“That prosecutors would even consider bringing gun charges against the Northwest D.C. resident who saved an 11-year-old’s life by shooting one of three pit bulls that were brutally mauling the child speaks volumes about the mindless absurdity of the city’s gun laws, to say nothing of the zealous anti-gun sentiment that more broadly permeates officials’ thinking here…If the good Samaritan who acted quickly in this case to save a child possessed his gun unlawfully, police and prosecutors should by all means confiscate it. But contemplating further charges against him is as unconscionable as it is ridiculous.”

No, what’s ridiculous is to have gun laws that are enforced according to the policy that if a citizen does a good thing with his illegal gun, then it’s fine; only bad acts with guns will result in prosecutions. Continue reading →