Law & Law Enforcement

Frivolous Complaint of the Month: Ronald Barbour

/ Jack Marshall / 29 Comments

I considered several possible titles for this: Unethical Abuse of a Government Employee’s Time of the Month, False Accusation of the Month, and the like. I considered calling it Most Unfair Attack on the Missoula Community Theater of the Week, but I’m not even sure that is true. I even considered, Document That Almost Makes Me Regret That I Ever Opposed Unfair Attacks on the Tea Party, but that is a bit off topic.

This published letter by “Ronbo” Barbour completely fooled me; I really thought it was satire,  which reveals a truth: the less one understands satire, the more likely one is to unwittingly emulate it without ever getting the joke.

I will say this: W.S. Gilbert would love this.

And now I present the actual letter sent to the Secret Service by Mr. Barbour, a Montana Tea Party official, relating to Sarah Palin’s inclusion in the classic comic song, “I’ve Got A Little List” [ Scroll to the end of the post for two versions of the song, the original and a Monty Python adaptation ] in the Missoula Community Theatre’s production of the 125 year-old operetta, “The Mikado.” I wouldn’t make this up; this is an ethics blog… Continue reading →

Planned Parenthood Gets The ACORN Treatment

/ Jack Marshall / 11 Comments

Taking its inspiration from James O’Keefe’s infamous ACORN stunt, and anti-abortion group called Live Action videotaped actors as they asked Planned Parenthood staff at a New Jersey clinic for advice while disguised as a pimp and one of his prostitutes. Sure enough, just like in the incident that helped destroy ACORN, the eager-to-please Planned Parenthood staff member cooperated, advising the couple how to get abortions and other services for the “pimp’s” prostitutes, some of them described as illegal immigrants and girls as young as 14.

The episode raises several ethical issues: Continue reading →

No-Tolerance in Spotsylvania:Preventing the Next Columbine Spit-Ball Massacre

/ Jack Marshall / 4 Comments

The parade of bizarre and cruel “no-tolerance” decisions continues unabated, proving that the learning curve for far too many school boards and school officials is far flatter than those of their most academically inept students. Neither national embarrassment nor the prospect of cruel and unjust treatment of normal, unthreatening students will sway these unethical martinets from their chosen, cowardly, self-righteous paths, as they inflict permanent scar  on the educational experience of innocent young people to prevent a future disaster unrelated to anything the children did.

The no-tolerance disgrace this week: the Washington Post reported that Virginia’s Spotsylvania High School expelled student Andrew Mikel II for the modern day equivalent of blowing spit-balls at other students. Continue reading →

Ethics Dunce: The Ever So Tolerant Wisconsin Bar

/ Jack Marshall / 5 Comments

Hot on the heels of the story about the New Jersey lawyer who managed to avoid interruption to his legal career after admitting forgery, we have more disturbing evidence that a profession that insists on self-regulation may have a rather different concept than the public about what constitutes “fitness to practice law.”

The professional ethics rules in every state declare that substantial dishonesty and especially failure to obey the law call into question a lawyer’s trustworthiness and are grounds for suspension of disbarment. Many states automatically disbar any lawyer convicted of a felony. But in Wisconsin, a local newspaper investigative report reveals, there are 135 attorneys continuing to practice law despite convictions for battery, theft, fraud and repeat drunken driving. Some even had active licenses even as they served time behind bars, giving a new meaning to the term, “jail house lawyers.” Another 70 of Wisconsin’s  attorneys-in-good-standing managed to avoid discipline by getting charges reduced or entering into deferred prosecution agreements. Continue reading →

Judge Vinson’s Ruling on the Individual Mandate, Rejecting Utilitarianism

/ Jack Marshall / 21 Comments

Judge Roger Vinson of Florida’s Northern District Court has struck down the much-debated individual mandate in the new health care reform law, and more striking yet, has ruled that the entire law fails to meet constitutional requirements as a result. Lawyers more skilled than I will be analyzing the opinion today and long afterward, but the opinion is also notable for its ethical approach. Continue reading →

Now THIS is Incivility!

/ Jack Marshall / 4 Comments

Michael Rausch, a 46-year-old Cherry Hill, N.J., lawyer, threw three punches at a Scranton lawyer who, he said, called him stupid and bald.

The fisticuffs occurred in July at the Lackawanna County Courthouse during a civil suit regrading a car accident. Lawyer Rausch was placed on probation, and he resigned from his law firm as a result of the incident.

Hey…what’s wrong with being called “bald”?

The Strange Case of the Opportunistic Fugitive

/ Jack Marshall / 2 Comments

The ethics call on this story is easy, though it is tempting to say otherwise.

Anthony S. Darwin was on the lam for six years in Wisconsin, eluding law enforcement authorities who were seeking to arrest him on pending charges of aggravated battery, bail jumping, battery, robbery with use of force, substantial battery and identity theft. Then he suddenly surrendered… because he realized he needed treatment for a life-threatening cancer. Continue reading →

Time to Enforce the Hatch Act on Karl Rove

/ Jack Marshall / 1 Comment

The Hatch Act is a 1939 law that prohibits the use of federal money to support political causes. It’s an important law that many presidential administrations have nicked, dinged and outright violated,  without enforcement or consequences. But a thorough report by an independent federal agency shows that the Bush White House routinely violated the Act by creating a “political boiler room” that coordinated Republican campaign activities nationwide.

The report by the Office of Special Counsel finds that the Bush administration’s Office of Political Affairs, overseen by Karl Rove, served  as a virtual extension of the Republican National Committee, developing a “target list” of Congressional races, organizing dozens of briefings for political appointees to press them to work for party candidates, and sending cabinet officials out to help these campaigns. This included helping coordinate fund-raising by Republican candidates and persuading Bush  political appointees to help with Republican voter-turnout efforts.The report was based on over 100,000 pages of documents and interviews with eighty Bush administration officials in a three year investigation. Continue reading →

Ethics Dunce Follow-up: Justice Thomas’s False Disclosures

/ Jack Marshall / Leave a comment

From the New York Times:

“Justice Clarence Thomas of the Supreme Court acknowledged in filings released on Monday that he erred by not disclosing his wife’s past employment as required by federal law.
Justice Thomas said that in his annual financial disclosure statements over the last six years, the employment of his wife, Virginia Thomas, was “inadvertently omitted due to a misunderstanding of the filing instructions. To rectify that situation, Justice Thomas filed seven pages of amended disclosures listing Mrs. Thomas’s employment in that time with the Heritage Foundation, a conservative policy group, and Hillsdale College in Michigan, for which she ran a constitutional law center in Washington.” Continue reading →

Stay Classy, New Jersey: Lawyer Gets Slap on the Wrist For…Forgery??

/ Jack Marshall / 2 Comments

The Legal Profession Blog reports that a New Jersey lawyer Donald Bedell Jr. has been reprimanded for forging two clients’ signatures on releases for an unauthorized settlement, appending his own signature as a “witness,” and then attesting that both clients had appeared before him to sign.

Not suspended. Not disbarred. Reprimanded. Continue reading →