Florida

Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law

/ Jack Marshall / 4 Comments

Florida lawyer Albert V. Medina, who practices in Boca Raton, had his law license suspended for 10 days, and you’ll never guess why.

Medina shot his brother in the arm while fooling around with a gun, pointing it at his brother and pulling the trigger. The brothers said that they engaged in this “horseplay” frequently: the wounded brother said his sibling had aimed an unloaded pistol at him and pulled the trigger ten times before, as a joke. This time, however, it was loaded.

The brother signed an affidavit affirming that the incident was unintentional, so the criminal case was resolved by Medina’s pleading guilty to the misdemeanor offense of culpable negligence causing injury to another. Medina has been a member of the bar since 2014 with no prior ethics offenses.

I don’t care. The idea of the legal discipline system is to protect the public from lawyers who are demonstrably untrustworthy or unfit to practice law for other reasons. Morons are unfit to practice law, and you can’t fix stupid. What is this guy, eleven years old? Anyone who aims guns at others “as a joke” and pulls the trigger shouldn’t be trusted with sharp objects, much less with the legal affairs of members of the public.

Absent a successful brain transplant, Albert V. Medina should have been disbarred.

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

/ Jack Marshall / 18 Comments

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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Ethics Hero or Ethics Dunce? Gov. DeSantis’s Decision to Veto All Florida Arts Funding

/ Jack Marshall / 7 Comments

As the late, great Arte Johnson would say (as Nazi soldier hiding in the grass) at least once an episode of “Rowan and Martin’s Laugh-in,” “Veeery interesting!”

Arts organizations in Florida were apparently completely blindsided this month when Florida’s conservative Republican governor Ron DeSantis struck all of the arts funding out of the state budget approved by the legislature. $32 million vanished in a flash and without warning. Arts groups large and small were counting on grants from that pool to balance their own budgets.

DeSantis, a Republican, gave no explanation other than to say that he made veto decisions “that are in the best interests of the State of Florida.” He vetoed nearly $950 million in total proposed spending, leaving $116.5 billion.

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Ethically Provocative Quote of the Month: Duval County School Board Member Charlotte Joyce

/ Jack Marshall / 18 Comments

“If we don’t do something about this problem, then it could be the demise of traditional public education in Duval County.”

—-Duval County school board member Charlotte Joyce during a recent board meeting, quoted by Politico in “School choice programs have been wildly successful under DeSantis. Now public schools might close. The Republican governor’s school choice programs may serve as a model for other GOP-leaning states across the country.”

I saw that two-day-old story from Politico while web-surfing late last night, and had two immediate reactions: “What a perfect opportunity for Bruce to make an appearance from the Ethics Alarms Hollywood Clip Archive!” and “Good!”

I know nothing about Charlotte Joyce, her political affiliation or her attitude toward public schools, but I do know this: America’s public school system is broken, and was broken deliberately by ideologues who decided that the best way to achieve radical transformation of American rights, society and culture was to use mandatory public education to indoctrinate children from the youngest ages right through high school, after which college would pick up the assignment. Parents, lazy, apathetic, uninvolved and often badly educated and uninformed themselves, allowed this to happen under their metaphorical noses. The horrific result, among many others, is that chaos on college campuses as students whose minds have been poisoned by intersectionality cant now equate the terrorism of Hamas with the civil rights march on Washington.

Good job, everybody!

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Florida Becomes the First Bar to Issue Ethics Guidance on the Use of Artificial Intelligence in the Practice of Law

/ Jack Marshall / Leave a comment

After seeking comments last fall on a proposed advisory opinion to its members on the ethical use of artificial intelligence by lawyers in the practice of law, the Florida Bar’s review committee has voted unanimously to issue Florida Bar ethics opinion 24-1, the first such opinion by any U.S. jurisdiction about the assuredly revolutionary changes in legal practice and the concomitant perils that lie ahead as a result of AI technology. The advisory opinion’s summary:

“Lawyers may use generative artificial intelligence (“AI”) in the practice of law but must protect the confidentiality of client information, provide accurate and competent services, avoid improper billing practices, and comply with applicable restrictions on lawyer advertising. Lawyers must ensure that the confidentiality of client information is protected when using generative AI by researching the program’s policies on data retention, data sharing, and self- learning. Lawyers remain responsible for their work product and professional judgment and must develop policies and practices to verify that the use of generative AI is consistent with the lawyer’s ethical obligations. Use of generative AI does not permit a lawyer to engage in improper billing practices such as double-billing. Generative AI chatbots that communicate with clients or third parties must comply with restrictions on lawyer advertising and must include a disclaimer indicating that the chatbot is an AI program and not a lawyer or employee of the law firm. Lawyers should be mindful of the duty to maintain technological competence and educate themselves regarding the risks and benefits of new technology.”

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The Problem Isn’t The Poem But The School And The Teachers Who Would Teach It

/ Jack Marshall / 14 Comments

Poet Amanda Gorman’s interminable poem “The Hill We Climb,” read by the poetess at Joe Biden’s Inauguration, has apparently been removed from the curriculum of elementary schools in Miami-Dade County, Florida as inappropriate for grade-schoolers. It took an objection from a single parent to get the job done, which the mainstream media thinks is significant—you know, a single complaint is enough to “ban” literature. It is significant, but not in the way they think. It is significant because it shows how few parents are actively engaged in their children’s education and properly on the look-out for political indoctrination in the schools.

The poem is inappropriate for sixth grade and under even if it were taught competently and objectively. I could see the thing being used productively in high school, for example to teach what agitprop is, how events are framed differently by various political factions, or to show what bad poetry is. Unfortunately, using “The Hill We Climb” appropriately requires a level of skill and objectivity most teachers lack, and a degree of trust today’s teaching profession doesn’t deserve.

Now here is the poem:

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Ethics Quiz: Michelangelo Porn

/ Jack Marshall / 7 Comments

Oh, let’s start out this rainy weekend (here in Northern Virginia, at least) with an ethics quiz on a theme that will be recurring on Ethics Alarms today if all goes as planned (which it seldom does).

Tallahassee (Florida) Classical School principal Hope Carrasquilla was given a choice between being fired or resigning following complaints by parents over a recent art lesson in the charter school that included Michelangelo’s famous “David” statue and his Sistine Chapel “Creation of Adam” fresco painting.

After all, pee-pees were involved.

The stated mission of the Tallahassee Classical School is “training the minds and improving the hearts of young people through a content-rich classical education in the liberal arts and sciences, with instruction in the principles of moral character and civic virtue.” The school also maintains that “reform of American public education, to be successful and good, must be built on a foundation of classical liberal arts learning.” Presumably parents who enrolled their children in the school were aware of this orientation.

Moreover, it is fair to say that “David” is just about as iconic a symbol of the classical arts as one could name, with perhaps the Venus de Milo being the only competition. Yet after three parents complained about their 6th graders being exposed to images of “David” (and the naked Adam in the Sistine Chapel painting), the school’s principal was forced out.

Conservative Hillsdale College provides the curriculum, training, and resources for the school as well as for other public schools through Hillsdale’s K-12 support. This was not an example of parents rising up against an extreme left-wing curriculum. Yet one of the parents famously denounced “David” as “pornography.”

Your Ethics Alarms Fine Arts Ethics Quiz of the Day is….

Is it inappropriate and irresponsible to display “David” in an art course for Sixth Graders?

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When Ethics Alarms Don’t Ring: The Self-Disqualification Of Rep. Louise Frankel (D-Fla.)

/ Jack Marshall / 24 Comments

Now THAT was a freak-out…and a particularly telling one.

Richard Kline, owner of City Diner in West Palm Beach, Florida, dared to display the campaign poster above, promoting Rep. Louise Frankel’s Republican opponent in the upcoming November election. Frankel has eaten at the diner for many years, and made it clear that this obligated the owner to support her re-election campaign, or at least not to oppose it. When someone told her about the presence of the poster in the diner, she stormed into Kline’s establishment and began berating and threatening him. Of course someone caught it all on cell phone video, and posted the scene on YouTube.

What did she think would happen? In addition to indicating that the Congresswoman has no self-control, believes she is entitled to power, and has no respect for a constituent’s right to support whatever candidate he or she chooses, the outburst demonstrates that she’s not smart enough to be entrusted with lawmaking.

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Note To Gov. DeSantis: The Tampa Bay Rays Are Not The Same As Disney

/ Jack Marshall / 15 Comments

I defended Gov. Ron DeSantis’s cancellation of Disney’s long-standing special status with the state of Florida, because, ethically, partners shouldn’t publicly attack partners without consequences, and because Disney’s privilege of self-government was in great part a product of the company bolstering core American values and a family-friendly culture. No, I pointed out more than once, this was not a case of a corporation being singled out to be punished for a political position the state opposed, but a situation where special benefits could no longer be justified if Disney was no longer going to hold up its end of the original mutually-beneficial deal of yore, which could be reasonably seen as “You don’t meddle in our business, and we won’t meddle in yours.” Moreover, giving Disney special benefits that other theme parks in the state didn’t have could not be justified as fair and reasonable any longer.

It now appears that I may have been giving Gov. DeSantis more credit than he deserved, and that his slap at Disney was, at least in part, an example of a state government punishing a company for a political position it had every right to hold, state, and act upon. Yesterday we learned that DeSantis intends to veto a $35 million bill for Florida to pay for a Pasco County facility that would serve as for the Tampa Bay Rays’ spring training home. The reason is, apparently, the baseball team’s public message above.

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“Curmie” Comment Of The Day Double-Header #2: “DeSantis Strikes Back: Ethics Dunce Disney Gets The Legal And Ethical Consequences It Deserved”

/ Jack Marshall / 11 Comments

No “echo chamber” we, so it is appropriate to include as a Comment of the Day Curmie’s vigorous dissent on the current conflict between Disney and Florida, particularly its ambition conservative governor Ron De Santis.

So here it is…in response to the post, DeSantis Strikes Back: Ethics Dunce Disney Gets The Legal And Ethical Consequences It Deserved…

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Unlike you, Jack, I am neither a lawyer not an ethicist. The closest I’ve ever been to the former was being unofficially “pre-law” for about the first two and a half years of undergrad; the closest I’ve ever been to the latter is that you’ve called me ethical a couple of times. So forgive me if I have trouble discerning the line between that which is legal and that which is ethical.

Perhaps the terms of the agreement between the state and the corporation are akin to trademark laws: that Florida must aggressively defend its prerogatives or be in danger of losing them. But this doesn’t seem like something any corporate CEO would agree to. And I think we can take as given that Governor DeSantis would not be criticizing any corporation that publicly supported his position because they didn’t stay in their lane, even though the level of interference in public policy would be the same. No, it would be the progressives who’d have their collective skivvies in a twist in that case.

More to the point, Disney began their dissent, at least, while the bill was still under consideration. They were, in fact, arguing in favor of the status quo—when there was no law—a position that can hardly be regarded as interfering with the state, only with one party’s agenda. That they didn’t suddenly change their position when the bill became law doesn’t seem very problematic.

Moreover, it strikes me that educational policy is literally everyone’s business. I’m semi-retired now and not currently scheduled to teach at all in the fall, so I have no direct personal interest in what’s being taught in 3rd grade—these will never be my students—but I hope to be around long enough to be affected by their ability to vote or even to run for office… or to become doctors, lawyers, artists, or whatever. Yeah, I care what happens in that 3rd grade classroom. Continue reading →