And Still More From The Unethical World Of Academic Enforced Wokism…

Censored

1. The Georgetown Law Center scandal, the scandal being that the school has fired a professor as racist for saying out loud what the institution has known for decades (that admitting black students with significantly fewer markers of law school success that the rest of the student body means that a disproportionate number of affirmative action admittees end up on the low end of the grading curves–duh...) has been covered by none of the law profs I usually look to for their timely opinions on such matters. Even Prof. Turley, whose blog has been relentless in defending free speech on campus, has been silent. Ann Althouse, so far at least, has preferred to write about such throbbingly important topics as Eddie Izzard’s preferred pronouns. TaxProf Blog, by Pepperdine Law School Dean Paul Caron, and Prof. Jacobson’s Legal Insurrection have also, so far at least, not weighed in on the firing of adjunct Sandra Sellers and the suspension of adjunct David Batson.

What’s going on here? Please, please tell me they are not afraid of this topic. I am especially surprised at Althouse, who is retired, and has little to fear professionally.

2. At the University of South Alabama, three professors were suspended after a six-year-old photos “resurfaced” showing them in “racially insensitive” Halloween costumes. Then-Mitchell College of Business dean Bob Wood was dressed as a Confederate general, professors Alex Sharland and Teresa Weldy were seen posing with a noose and a whip…

Alabama Halloween

As they bounced around social media, the pictures prompted expressions of great harm. “That makes me feel like since other cultures are starting to come here, that they don’t want us here or we’re unwanted because they want it to stay a PWI or a predominately Caucasian institution,” said student Samantha Longmire.   “We have Black students on campus, how do you think that makes them feel? Do you care about your students,” said student Chante Moore.   

Seriously? Seriously? A Halloween costume as a Confederate soldier is a threat, but a vampire costume is fine? These rules don’t make any sense at all, and those rules weren’t even outlined vaguely in 2014. Shaland is dressed like an English judge—how does that have racial implications? He’s a hanging judge, presumably. What does the whip mean? I have no idea—it looks like a cat-o-ninetails to me. They used that on ships, not plantations. There’s one in “H.M.S. Pinafore”! Weldy doesn’t even seem to be in costume. Wood and Sharland, both tenured, apologized. They are cowards, and are enabling the erosion of our rights while supporting the rising totalitarian effort to control thought and expression. Weldy, who is not tenured, has refused to apologize.

Good for her.

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Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading

The Legal Profession Appears To Have A Serious Character Standards Problem…

I refer you, for context, to the recent post about Shon Hopwood, Georgetown Law Center’s former bank-robber, former federal prisoner professor, who was welcomed into membership in the D.C. bar…like me.

Now comes word that Tarra Simmons, a third-year law student, convicted felon and former drug addict, who in December won a Skadden Fellowship to help people recently released from prison, was told by the Washington State Bar Association that she did not possess the character to make her a trustworthy lawyer.

Tarra was a magna cum laude law school graduate, and co-chairs Washington’s Statewide Re-Entry Council.  She recently received a gubernatorial appointment to the state’s Public Defense Advisory Committee, and was selected by the dean of Seattle University School of Law to receive the school’s dean’s medal this year.

Nevertheless, the character and fitness board’s vote against Simmons was not even close, at 6-3.

A registered nurse for 11 years, Simmons became addicted to prescription drugs and methamphetamine after her father died, as she self-medicated for depression. In 2011, she was charged with felony theft, drug possession and gun possession, pleaded guilty, served 20 months in state prison. She says she  wants to assist former justice-involved individuals, as  a lawyer who has lived their experience, so they “can overcome barriers and rejoin society.”

But Tarra cannot cannot take the Washington Bar examination without getting a positive  character and fitness recommendation, and that looks unlikely. She’s appealing to the Washington Supreme Court, but traditionally that forum is tougher in assessing the  character and fitness of  potential admittees.

I think her course now is obvious: move to the District of Columbia. The bar there will surely see no reason to doubt her character.

After all, it’s not like she robbed a bank.

__________________________

Pointer: ABA Journal

Ethics Quiz: The Bank Robber Professor

A few weeks ago the Washington Post published the unusual story of  Shon Hopwood, a member of the D.C. Bar and  a tenure-track faculty member at the Georgetown University Law Center. He spent 11 years in federal prison for robbing banks n Nebraska—that’s banks, plural—became a jailhouse “lawyer,” got  a scholarship to law school, was somehow approved as meeting the character provisions required for bar membership, and now amuses his Georgetown law students with tales about how when he played basketball in federal prison, he had to carry a shank in case his team started to lose.

You should read his story, which I’m sure will enrich Hopwood in  a movie deal, if it hasn’t already, but you shouldn’t have to read it before you answer today’s Ethics Alarms Ethics Quiz:

Should a convicted bank robber be teaching law students?

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Ethics Hero: Dallas District Attorney Craig Watkins

Craig Watkins, a D.A. who understands his ethical priorities.

Craig Watkins, a D.A. who understands his ethical priorities.

In Law School, I had the honor of being instructed in the superb Georgetown Law Center Criminal Justice Clinic, by far the single best course of any kind I participated in at any level of my formal education. Our mentor in prosecutor ethics was Seymour Glanzer, the man who, as an Assistant U.S. Attorney, cut the deal with Nixon’s White House Counsel John Dean that cracked open the Watergate scandal.

Sy had one mantra he repeated to the clinic students often, trying the beat it into our heads forever: the prosecutor must be the center of justice and ethics for the criminal system. Defense attorneys have to defend the accused whether they are guilty or not, but prosecutors are charged with achieving justice, not convictions. “If you don’t have sufficient legal and reliable evidence to convict a defendant of a crime, or have any doubts about that client’s guilt, drop the case,” he told us.

His principles do not hold sway among many, perhaps even most prosecutors, to the shame of the criminal justice system. Too many see their duty as convicting as many accused as possible, putting the law-abiding public at ease by closing cases and filling prisons. Over-zealousness, sometimes to the extremes of withholding exculpatory evidence from defense attorneys while placing questionable eye-witnesses and unreliable experts on the stand under oath, is rampant in district attorney offices across the country.

The worst of the worst may have been Dallas. Vanessa Potkin, chief counsel of The Innocence Project at Cardozo Law School, argues that “no other county in the country beats Dallas. It’s a county that beats out most states in the country.”

It’s an indication of a system that needs reform, she says, with  “staggering numbers of the innocent put in prison.” That is why the recent steps taken by new Dallas District Attorney Craig Watkins are so important, and so necessary. Continue reading