Two Faint Cheers For the Colorado Supreme Court in “Jerk vs. Jerk”

It looks like the political correctness Furies who have been swarming around Jack Phillips, the Masterpiece Cakeshop owner whose refusal to bake, decorate and sell same-sex wedding cakes had him targeted for destruction have finally been foiled.The Colorado Supreme Court has dismissed the latest lawsuit against him, though not on the merits. Legal Insurrection has detailed coverage and a retrospective on this almost decade-long drama here.

Remember the old Mad Magazine series called “Spy vs. Spy”? This has been “Jerk vs. Jerk.” I sided with the baker in the original lawsuit over the same-sex wedding cake, though holding even then that the adversaries were being unreasonable. Ethics Alarms advised one, “Oh, bake the damn cake!” and the other, “So find another bakery!” That battle got all the way to the U.S. Supreme Court, where the baker won on what non-lawyers call “a technicality.” Then Phillips was targeted again, as LGTBQ activists apparently considered it a matter of honor to bend him to their will.

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

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

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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What’s Going On Here? Whatever It Is, Someone Is Extremely Unethical…

I love this story! It has everything…except any certainty about who is telling the truth.

Chad Condit, California Senator Marie Alvarado-Gil’s former chief of staff, has filed a sexual harassment lawsuit against her. He alleges that she pressured him into performing sex acts for her enjoyment when they were traveling together on her official business.

Point of interest #1: Does that name ring a bell? Yes, Chad is the son of Gary Condit, the former Congressman who was a suspect in the Chandra Levy disappearance and murder. He allegedly was having a sexual affair with her, an intern who worked in his office. Now, for this family, the alleged sexual harassment is on the other foot—well, you know what I mean.

Point of interest #2: Alvarado-Gila, meanwhile, is a longtime Democrat who recently got national headlines when she switched to the Republican Party, saying that the Democratic Party had become so extreme that she could no longer support it. I’m ruling that she is—if guilty, of course—is an embarrassment to both parties.

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Is Marco Bisbikis The Most Unethical Lawyer Ever?

How could a lawyer be more unethical?

As unethical, sure: I am confident that there have been other lawyers who are tied with this Michigan lawyer for the title. But more? Consider:

Marco Bisbikis, a Michigan lawyer in good standing, worked as an attorney for the Dan Hutchinson and his wife, wrote himself into popular Oakland County jeweler’s will while he was preparing it for his client, who was also under the impression that his attorney was a loyal friend. (Can you blame him? Who wouldn’t trust a face like that?)

Then Bisbikis paid a hit man to shoot and kill Hutchinson so the lawyer could inherit millions of dollars in a trust fund. On June 1, 2022, outside an Oak Park pawn shop, the hit man did just that. Bisbikis and the hired killer, Roy Larry, were convicted of first-degree murder, conspiracy to commit murder, solicitation of murder, and felony firearm and in June they were both sentenced life in prison. Two other men involved in the plot were convicted and sentenced last year.

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Ugh! Ethics Dunce—AGAIN—: University of Houston Law Professor Renee Knake Jefferson

This is an example of why I am disgusted with my field and chosen profession. Just last month I designated Jefferson, a legal ethics professor among other things, as an ethics dunce for her blatantly partisan and biased commentary. This time, it’s personal.

Seeking to find a reliable, trustworthy, accurate source of legal ethics news and developments (since the demise of the excellent legal Ethics Forum, I am reduced to the scattershot, overwhelmingly left-biased commentary on the APRL listserv), I subscribed to the professor’s substack, Legal Ethics Roundup, taking seriously her promise that it would supply a “Monday morning tour of all things related to lawyer and judicial ethics.” But the Legal Ethics Roundup I received this morning, like all its predecessors this month, cheerfully informed me that “For the month of August, the Legal Ethics Roundup is on pause.”

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Ethics Quiz: The “Inappropriate Dance” [Updated and Expanded]

Maybe this one should be titled, “Tell Me What I’m Missing.”

Buhach Colony High School (California) principal Robert Nunes was placed on administrative this week after a video of an obviously planned and choreographed bit of foolery with the basketball team’s mascot “went viral.” It was a pep rally. Mascots (which I hate, but that’s another issue) frequently do these kind of routines, and bringing authority figures into the gag is standard fare, giving the human butts of the giant costumed things a chance to appear more human, show they are good sports, yada yada. I’ve seen baseball managers get in to faux fistfights with these escapees from a Disneyland parade. The crowd generally loves it, the morons. Big deal.

Your Ethics Alarms Ethics Quiz of the Day is…

Is is fair to suspend a high school principal for that routine above?

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Comment of the Day: “Accountability? What’s Accountability? Secret Service Director Kimberly Cheatle Still Has Her Job…”

I have neglected Comments of the Day of late I know, and I am sorry about that. There have been many excellent comments, and also many I have not had time to read carefully: the responses to the “What do you believe?” post alone generated many strong COTD candidates (and they are still coming in).

I might as well start with a comment I said I would post under the designation three weeks ago, and whiffed: Michael R.’s brief arguing that the Secret Service’s epic botch in Pennsylvania that only avoided getting Donald Trump killed by the intervention of moral luck was no accident.

Is the EA post that inspired Michael moot? After all, Kim Cheatle finally resigned after the indignity of having Congress members of both parties tell her to. However, the information that has been drip, drip, dripping out about the near-assassination has not disproved Michael’s thesis; if anything it bolsters his argument.

Ultimately, the question, as it so frequently does in the Age of the Great Stupid, comes down to Hanlon’s Razor: Is it intentional malice, or is it incompetence? The COTD concludes, “To cling to an incredibly unlikely incompetence argument in light of a much more likely explanation is only required if you don’t want to acknowledge something you are unwilling to accept.”

Maybe, but I will still cling even while admitting that other recent Hanlon’s Razor mysteries that have been popping up (“Did Democrats and the media just miss the fact that Joe Biden was a proto-vegetable because they are lazy, biased and inept, or did they deliberately participate in a conspiracy to deceive the American people ‘to save democracy’?” is one obvious example) demand the malice label.

Here’s Michael R’s Comment on the Day on the post, “Accountability? What’s Accountability? Secret Service Director Kimberly Cheatle Still Has Her Job, and Only the Prominence of a Confederacy of Ethics Dunces Can Explain That.”

***

You have to make a lot of hand wringing arguments to state:

(1) They didn’t put snipers on the roof that THEY identified as a threat.

(2) They didn’t secure the building despite the threat of the roof.

(3) They didn’t notice the guy on the roof despite the fact that the crowd had been taking pictures of him for 25+ minutes.

(4) They let a 20 year old kid drive up, unload a ladder, climb onto the roof spread out his blanket, assemble the rifle and take 7 or 8 shots accidentally. That is the most generous assessment. If THEY left the ladder to the roof there for access, it is worse.

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Medical Ethics Dunce: Dr. Peter McCollough

Bandy Lee wasn’t the only alleged medical expert to pronounce then-President Donald Trump mentally disabled (so that one of the Axis plots to remove him from office without having to go through that annoying democratic election thingy could be activated) without actually examining him, but she was the one who exploited her unethical conduct the most effectively to get repeated gigs on MSNBC.

Finally Yale fired her, as she was habitually and noisily breaching basic professional ethics including the so-called “Goldwater Rule,” installed by the American Psychiatric Association in 1973 to prohibit members from offering psychological opinions about individuals they had not personally examined.

Please note that the rule didn’t make what Lee and others did unethical: it was unethical with or without the rule. It is unfair, presumptuous and an abuse of position and authority to diagnose non-patients from afar, particularly in a political context where such fake medical verdicts can be used as partisan weapons.

Yet there was cardiologist Dr. Peter McCollough yesterday, giving an interview on the web’s “Breanna Morello Show” and diagnosing Joe Biden with Parkinson’s and Alzheimer’s while opining that both may be the result of a bad reaction to the Covid vaccines. Before diagnosing the President, he explained that he wouldn’t give a diagnosis because doing so would be unethical, and then immediately diagnosed him.

Nice.

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No, Doctors, “Do No Harm” Does Not Mean “Make Anti-Israel/Gaza War Statements in Your Hospital”…

We knew, or should have, that the medical profession was not immune from the ethics rot brought upon us by the advent of The George Floyd Freakout, the 2016 Post-Election Ethics Train Wreck, The Great Stupid (and its DEI sub-cult) and the rest. Here is a throbbing example.

At the University of California, San Francisco, one of the nation’s most respected medical schools and teaching hospitals, medical students and doctors have been protesting the war in Gaza. Chants of “intifada, intifada, long live intifada!” could be heard by patients in their hospital rooms at the U.C.S.F. Medical Center. It doesn’t really matter what the chants were: they could bebeen “Hey, hey, LBJ, how many kids did you kill today?” (one of my personal favorites.) Medical personnel should never promote political views in a hospital. Why isn’t that obvious?

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