conflicts of interest

Now THIS Is An Unethical Prosecutor!

/ Jack Marshall / 7 Comments

Ray County (Missouri) Prosecutor Camille Johnston, 46, had “inappropriate sexual affairs “with three men, including a defense attorney representing several criminal defendants in cases prosecuted by Ray County, and Juan David Gutierrez an illegal immigrant accused of sexually assaulting another woman.  The third unethical sexual relationship was with yet another defendant in a criminal case, and Johnston fired the employee who discovered it.

Yikes. Even the late Steven Bochco didn’t dream up a prosecutor that sex-crazed, and all of his lawyers were in perpetual heat.

Johnston’s fling with Gutierrez was her masterpiece, however. Get this: Gutierrez was being prosecuted in Ray County, but this Ray County prosecutor gave him the keys to her car so he could flee to Florida, where she joined him on her vacation!

Johnston, the filings against her state, was guilty of an “obvious appearance of a conflict of interest” —- “Appearance”???? — had “forfeited the office of prosecuting attorney.” 

Yeah, I’d say that’s fair.

As soon as Missouri Attorney General Catherine Hanaway filed documents to remove Johnston from office, a judge approved a preliminary order suspending her. 

I don’t understand this story at all. Did the woman have a psychotic break? How can someone rise to the level of prosecutor, or for that matter pass the bar after graduating from law school, who is capable of behaving this way? Maybe she learned she has only a year to live, and decided to go out with a bang…well, several bangs I guess. I would have guessed that she was hideous or something and desperate for a date, but she’s not. My next guess would have been that she was so sexually alluring that defendants and colleagues were constantly courting her, but that isn’t evident either. How could this happen?

And yet, over the past 20 years, I have been stunned and disillusioned by the low level of professional ethics of so many prosecutors, who are supposed to maintain exemplary ethics. I suppose having sex with anyone in pants is, all in all, not as unethical as knowingly prosecuting an innocent defendant, and that ethical breach is a lot more common than going on vacation with an illegal who assaults women.

__________________

Pointer: Young Bill

The Other Shoe Drops On The Collusive Trump-IRS Deal. Good.

/ Jack Marshall / 9 Comments

In May, Ethics Alarms expressed its horror here, here and here over the unethical, conflicted deal engineered by Trump’s acting-Attorney General and Trump’s Treasury Dept. to bestow undeserved benefits on the President, his family, and the Trump Organization. I wrote at the end of the last of these, “I continue to think, or at least hope, that this abomination will be stopped. As I already wrote when asked in a comment, this, unlike the artificial offenses behind the two purely partisan impeachments in Trump’s first term, is a genuine impeachable offense.”

Well Calloo! Callay! It has been stopped, and very emphatically too.

U.S. District Judge Kathleen Williams said in her 56-page order yesterday that the President and his fellow plaintiffs, his adult sons and the Trump Organization LLC, may not refer in any judicial, administrative or other official proceeding to the “purported ‘settlement agreement'” that gave them broad protection from federal government audits and investigations. The judge then sanctioned the attorneys that represented Trump in his personal capacity, Daniel Z. Epstein of Epstein & Co. LLC and Alejandro Brito of Brito PLLC.

Good. They should be sanctioned. They should be suspended. If I had the choice, I would disbar them. They are both a disgrace to the legal profession.

“This lawsuit was not brought to vindicate rights,” Judge Williams wrote. “It was brought to manipulate the judicial process to pursue benefits unavailable in litigation because the parties were not adverse.”

“Because the parties were not adverse”! Bingo! On that basis, the case should have been at very least stayed by this same judge until Trump was out of office and not controlling the adversary party, and may I add, DUH! Judge Williams was asleep at the switch in May, and perhaps that adds to her obvious fury now. Her one excuse is that she didn’t realize exactly what was going on because it happened so fast and no President has had the gall to try anything like this before.

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This Ethics Story Is Bad Enough, But The Conservative Media Ignoring It Is Worse

/ Jack Marshall / 10 Comments

The New York Times “breaking news” story from the weekend begins, “Trump Cut a Billion-Dollar Mining Deal. His Sons Stand to Profit: An agreement between the U.S. and Kazakhstan has given a group of American investors with ties to the President and the Commerce Secretary access to one of the world’s largest untapped reserves of tungsten.”

You can read it all here, at a gift link. From my reading, the story seems well sourced and fair, though it is the Times, and the Times has been doing everything in its power for over a decade to undermine Donald Trump. The Times isn’t the only one reporting the story, though: The Nation pounced on it with glee; I’ve also found the story reported by Mother Jones, The Daily Beast, MSN, India Today, various leftist substacks (Paul Krugman loves this story), Yahoo Finance, Mediaite, the Financial Times, and more obscure platforms. I expect CNN, PBS, MSNOW and the alphabet networks to be along any minute.

What I can’t find is any reporting on this apparent conflict of interest and Trump family self-dealing by the conservative media. (As of this moment it is also missing from news aggregator “memeorandum,” I assume because this partisan site is so excited about the Supreme Court upholding the $5 million jury verdict against the President regarding the E. Jean Carroll affair.)

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Meanwhile, The Left Is Still Concocting Reasons To Discredit The Non-Incompetent SCOTUS Justices…

/ Jack Marshall / 6 Comments

Stipulated: Clarence Thomas’s extensive conflicts involving his right-wing billionaire pals mandate his resignation or removal. The fact that his wife is a conservative activist does not. No, the flags that Samuel Alito’s wife likes flying over the couple’s domiciles are not a reason for him to recuse himself from anything. Somewhere between these two extremes, but closer to the flags than Thomas’ goody bag, is the new assault on Justice Roberts.

Christopher Armitage, a far Left scholar whose anti-GOP, anti-Trump positions are cloaked in respectability, came up with this one. He describes himself as “independent.” Strangely, his work “has been cited by the Brookings Institution and covered by NPR, PBS, Mother Jones, and The Nation.” Those are all infamous Leftist propaganda organs, with Mother Jones and The Nation on the extreme end of the spectrum.

Now he is getting cheered by those sources for a Medium post that asserts,

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Now THAT’S Nepotism!

/ Jack Marshall / 9 Comments

The Philadelphia Phillies (that’s a baseball team, for those of you tragically unschooled in the Great American Pastime) have fired manager Rob Thomson and named former Yankee star and past major league manager Don Mattingly as interim manager.

The Phils are off to a terrible start, especially for a team that has been a World Series contender for four years and was supposed to be one this season. Firing a manager in April, especially a skipper as successful as Thomson has been, is rare indeed, but the Boston Red Sox just did it. Baseball teams are like that: they tend to get caught up in fads. With this firing, many think the New York Mets will follow suit and fire that team’s manager. The Mets, another expected contender with a huge payroll, have been worse than either Boston or Philly. It may also be germane that all three cities are infamous for having impatient and unforgiving fans.

But I digress. Here is the issue: Don Mattingly is an experienced manager and was Thompson’s bench coach, essentially the in-game strategy consultant. He would make perfect sense as Thomson’s replacement, except for one fact…

Mattingly’s son Preston is the Philadelphia Phillies general manager.

That’s Don on the left and Preston on the right above.

A Shocking Ice Dancing Judging Scandal at the Winter Olympics

/ Jack Marshall / 8 Comments

You can read the details of this completely predictable and in general ridiculous ice-dancing judging scandal here, here, and here. I’m not going recount the details because the details are misleading.

The ethics story is that the American ice dancing team of Madison Chock and Evan Bates lost the gold to the French team of Laurence Fournier Beaudry and Guillaume Cizeron because a French judge, Jezabel Dabouis, favored Beaudry and Cizeron by nearly eight points (make that “points”) over the three-time world champions in the free dance, a margin inexplicable when compared to the scores of the other judges, and so large that if her score were removed entirely, Chock and Bates would have won the top prize easily.

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Catching Up With “The Lincoln Lawyer” Part 4

/ Jack Marshall / 4 Comments

I like the show in general, but its writers need to catch up with the Rules of Professional Conduct and their interpretation.

Twenty years ago, in “The Sopranos,” Tony and his wife Carmella were having marital problems—gee , I wonder why?—and Tony was tipped off that she was looking for a divorce lawyer. So Tony contacted every major divorce lawyer he could find to tell them all about his marriage on the pretext that he was considering retaining one of them.. The idea was to conflict them all out of representing her, because they had received confidential communications from Tony.

Rule 1.18, relatively new at the time, held that lawyers had to keep the confidences of even potential clients, making such a dastardly tactic possible. But not long after that episode of “The Sopranos” revealed the loophole in the rules, courts and legal ethics opinions closed it with the sensible holding that someone only consulting a lawyer to create a conflict and not as a good faith effort to seek legal representation was not a genuine potential client.

Nevertheless, in the current season of “The Lincoln Lawyer,” Mickey’s newly minted lawyer associate (and ex-wife) says she got her first family law client because the woman had been frozen out of hiring the established divorce lawyers after her louse of a spouse had pulled Tony’s old trick.

True, it’s not always easy to prove that an estranged spouse is seeking conflicts rather than a lawyer. Nonetheless, lawyer TV shows are ethically obligated not to deceive the public. Tony Soprano’s method is unlikely to work now, and hasn’t been viable for at least a decade.

In one area, “The Lincoln Lawyer” deserves praise for properly representing a lawyer’s duty that Hollywood almost always ignores. Whenever Mickey Haller, “The Lincoln Lawyer,” is presented with a plea deal or another offer from the opposing attorney, even if Mickey makes it clear that he thinks the offer is ridiculous, he always says, “I’ll run it by my client,” which he has to do. But even in some of the most celebrated legal films, like Paul Newman’s “The Verdict,” the lawyers don’t do that. As a result, many clients don’t know their attorney can’t reject or accept a settlement offer without consulting them. That misconception can cause real harm.

The previous installments of these legal ethics commentaries on the streaming series can be found here, here, and here.

Catching Up With “The Lincoln Lawyer” Part 2

/ Jack Marshall / 1 Comment

In this limited series of as yet undetermined length, I’ll be examining the legal ethics issues raised by the Netflix limited series of as yet undetermined length based on the Michael Connelly character, fed through the filter of the ubiquitous David Kelley.

I’m not going in strict order chronological order because why should I? This issue is a rich one, and arrived in Season 3 of the show. A prostitute whom Mickey had advised and had testified to help a client in Season 2 turned up dead, and he agreed to represent the man, her cyber pimp, accused of killing her before he realized she was the victim. Mickey liked and sympathized with the victim; whether he was officially her lawyer is a bit vague, but she seemed to think of him that way.

Can a lawyer represent a defendant accused of killing a lawyer’s client? Sure enough, this has happened; there’s even a Supreme Court case about it.

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Tough Call: Who Is the Greater Ethics Dunce, David Hogg or the Democrats Who Elected Him Vice-Chair of the DNC? [Corrected]

/ Jack Marshall / 11 Comments

David Hogg, had he not been a student at Marjory Stoneman Douglas High School when a mass shooting occurred, might have grown up to be a useful, ethical, productive and emotionally healthy human being. Unfortunately, he is likely to be a lifetime victim of the shooting, for it propelled him into the career path of being a professional single-issue fanatic, America’s Greta Thunberg but on the issue of gun control rather than climate change. In an example of the chaos PTSD can wreak on the vulnerable, Hogg has been transformed into a cynical grifter by a mass-murderer’s bullets. It’s tragic, but that doesn’t mean his unethical conduct should be tolerated, much less rewarded.

Barely two weeks after his election as a Democratic National Committee official, Hogg began using DNC contact lists to solicit donations to his own political action committee, “Leaders We Deserve.” That PAC pays his salary of more than $100,000 a year, according to Federal Election Commission records. “David Hogg here: I was just elected DNC Vice Chair! This is a huge win for our movement to make the Democratic Party more reflective of our base: youthful, energetic, and ready to win,” reads one the texts he sent out to the DNC’s vast database. The texts include a link to his PAC.

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Tales of the King’s Pass

/ Jack Marshall / 1 Comment

During the baseball off-season the MLB channel on DirecTV has a lot of dead time to fill between the periodic announcements of trades, free agent signings and post-season awards and honors. Lately it has been re-running an old Bob Castas show called “Studio 42” (that’s Jackie Robinson’s number) where the perpetually boyish-looking baseball commentator, who now really is Old Bob, interviews retired players and managers about significant games and moments in their careers.

In an episode I happened across this morning after my dog woke me up and then stole the bed as soon as I got out of it, Costas’s guest was the late, great manager Whitey Herzog, like so many successful baseball managers, a mediocre-to-poor player in his Major League career. Whitey told a story that is as good an example of the King’s Pass, #11 on the Rationalization List, as there is.

He said that in one game between the old Washington Senators (the first Senators, the team that moved to Minnesota and became the Twins) and the Red Sox in Boston, Ted Williams had drawn a walk on a 3-2 pitch right down the middle of the plate that the umpire had called a ball. Williams was famous for his plate discipline and above-average eyesight, and umpires frequently let him, opposing players complained, call his own balls and strikes because unpires acknowledged that he was better at it than they were. Herzog came to bat late in the same contest having walked four times and with a chance to set a record by getting five bases-on-balls in a single game. He told Costas that the umpire called him out on strikes on a 3-2 pitch in the dirt.

“I turned around and said to the ump, ‘You give Williams five strikes and give me only two. It should be the other way around!'”

This struck me particularly squarely because I had been thinking about the Judicial Conference declining to take any action against Supreme Court Justice Clarence Thomas, who has been the subject of a Senate Judiciary inquiry ever since ProPublica revealed that the Justice had neglected to report around half a million in luxury travel and gifts as legally required by the Ethics in Government Act of 1978.

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