Illinois

Jesse Jackson, Jr. and Our Sick Democracy

/ Jack Marshall / 25 Comments
Exactly what we deserve.

Exactly what we deserve.

In the end, the fact that Jesse Jackson, Jr. is going to jail in disgrace is less significant than what his disgraceful career represents. Jackson is only one man, and many men have failed their responsibilities to society while showing dire deficits of character in the process. Jackson’s career, however, is smoking gun evidence of the travesty we have allowed America’s democratic system of government to become. If there are any who still wonder why the nation seems incapable of addressing its problems and challenges responsibly,  look no further. This is a democracy whose citizenry has become too complacent, lazy, apathetic and ignorant for the privilege of self-government. The implications of this are terrifying.

Reading the various articles about Jackson’s imminent guilty plea to conspiracy charges, I was struck by the realization that this one-time rising political star is a child. He misappropriated over $750,000 in campaign funds to buy, among other gewgaws like a Rolex watch, such indefensible treasures as Bruce Lee memorabilia ($10,105), Michael Jackson mementos ($14,200), a “Michael Jackson and Eddie Van Halen” guitar for $4,000, and a Michael Jackson fedora, a bargain at $4,600…all with money donated to his political campaign. This is the caliber of mind and the considered priorities of the man entrusted by an Illinois congressional district to participate on their behalf in crucial decisions affecting jobs, the economy, and the course of the nation, while being consistently endorsed by our toadying news media. Continue reading →

Incompetent Elected Official of the Month: Representative Jesse Jackson, Jr. (D-Ill.)

/ Jack Marshall / 34 Comments

“Corrupt, mentally ill and absent is no way to go through Congress, son.”

Here are a few questions about Rep. Jesse Jackson, Jr., of the Illinois Second Congressional District:

1. Why is Jesse Jackson, Jr. still on the ballot as the Democrat running for Congress in Illinois’ 2nd District, when he himself admits that he is laboring under a disability that has prevented him from doing his job, and doctors tell him that the road to recover will be a “long one”?

2. Why didn’t Jackson resign his seat, which he has been unable to fill except in name for six months due to his illness?

3. Why are the mostly Democratic voters in his district preparing to return him to office, at a time when the United States, even more than usual, needs all of its members of Congress alert, trustworthy, stable and present, when Jackson is incapable of being any of those things? Continue reading →

As Dean Wormer* Would Say To Bryan Craig: “Sex-Obsessed, Promiscuous and Stupid Is No Way To Be A High School Guidance Counselor, Son…”

/ Jack Marshall / 2 Comments

The Rich Central High principal suspected something was amiss with the girls’ basketball coach when the team members began to act strangely…

A provocative variation on the “naked teacher” scenario has surfaced in Chicago suburb Olympia Fields. Bryan Craig was a guidance counselor and girls’ basketball coach at Rich Central High School until his self-published book “It’s Her Fault” came to the attention of parents and school administrators. Then he was placed on administrative leave, and finally, fired.  The book is for mature audiences only, and based on reports (I haven’t read it and have no intention of doing so) includes pick-up advice, analysis of female body types (including a discussion of the varying colors and temperature levels of the vaginas of various races, apparently the book’s highlight) and Craig’s insight into how women think, a perspective that appears to be muddled at best and sexist at worst. Here is a passage from the book (in an Amazon reader’s review—a favorable one, and from a teenage stripper):

“In some cases, strippers and dancers show the overall dominance a woman can have over a man. Not to say that stripping is what has to be done to truly establish dominance, but these women’s mind-set is in the right place in order to meet the true potential of the point of this book.” Continue reading →

Ethics Quote of the Week: David Argenter, of the Illinois Supreme Court Commission on Professionalism

/ Jack Marshall / 1 Comment

"Yes, she's my legal secretary. Yes, she's exactly what I advertised for. Why are you looking at me like that? What??"

“Often, issues of ethics and professionalism raise complicated questions, involve shades of grey, and require serious thought and contemplation to resolve.  Sometimes, however, all it takes to figure out whether a given action or decision is the right one is to ask: ‘Is this stupid?'”

—David Argenter, attorney and member of the Illinois Supreme Court Commission on Professionalism, commenting on the mind-boggling case of a lawyer recently suspended from the practice of law for one year for several ethics violations, including one that will live in legal ethics infamy.

Hold onto your hat.

The lawyer in question sought secretarial assistance for his law office on Craigslist.  Oddly, he posted his ad in the “Adult Gigs” section of the site, with the heading “Loop lawyers hiring secretary/legal assistant.” The ad continued…

“Loop law firm looking to hire am [sic] energetic woman for their open secretary/legal assistant position. Duties will include general secretarial work, some paralegal work and additional duties for two lawyers in the firm. No experience required, training will be provided. Generous annual salary and benefits will be provided, including medical, dental, life, disability, 401(k) etc.”

The ad also requested asked for “a few pictures along with a description of your physical features, including measurements.”

Hmmm!

When an applicant  responded with an e-mail inquiring about the “additional duties” referred to in the ad, the lawyer responded,

“As this is posted in the “adult gigs” section, in addition to the legal work, you would be required to have sexual interaction with me and my partner, sometimes together sometimes separate. This part of the job would require sexy dressing and flirtatious interaction with me and my partner, as well as sexual interaction. You will have to be comfortable doing this with us.” Continue reading →

Now THIS Really IS a Frivolous Lawsuit…

/ Jack Marshall / 12 Comments

I have written here before that the legal ethics breach of filing a frivolous lawsuit (prohibited by Rule 3.1 in most state Rules of Professional Conduct) is almost impossible to accomplish, because it requires a lawyer to lack a good faith belief that the suit can prevail. Since bizarre and attenuated theories sometime do prevail, a law suit really has show no merit at all to prompt sanctions. Like this one, for instance. I quote from the Illinois Institute of Continuing Education’s summary:

“The United States Court of Appeals for the Second Circuit, acting sua sponte, found that the appeal filed by three attorneys in Gallop v. Cheney…, claiming that White House and military officials conspired to cover up government involvement in the 9/11 terrorist attacks was frivolous in that it was “brought without the slightest chance of success>’…The court found that the appeal contained a “comprehensive compilation of every rumor, report, statement, and anecdote that may reveal an inconsistency or omission” in official reports….The court stated that the misconduct was compounded by the filing of a motion to recuse the entire panel that was “peppered with disdainful and unsubstantiated conclusions about the panel members’ emotional stability and competence to serve objectively.” The motion accused the judges of having “severe bias, based in active personal emotions arising from the 9/11 attack . . . leading to a categorical prejudgment totally rejecting [Gallop’s] Complaint, out of hand and with palpable animus.”

“The court found the three attorneys jointly and severally liable for $15,000 in fines and ordered them to pay double the government’s costs for both the frivolous appeal and the recusal motion. The court also ruled that whenever one of the attorneys appears before any tribunal in the Second Circuit within the next year, he must alert the court to the sanctions.

“The court declined to sanction the appellant herself because she relied heavily on her lawyers and did not labor under the same legal and ethical obligations to the court as her attorneys.” 

Yup!!!!

 

The case is Gallop v. Cheney, 642 F.3d 364, 370 (2d Cir. 2011)

 

Ethics Hero: Lincoln School in Spring Valley, Illinois

/ Jack Marshall / 10 Comments

Thanks to Lincoln School, this isn't me. Yet.

Thank you, oh thank you, Lincoln School in Spring Valley, Illinois! Your superb and inspiring decision has stopped me, for the moment at least, from seeking species reassignment surgery. My membership in the human race has been an embarrassment to be of late, and I had been seeking alternatives. You give me hope.

Spring Valley’s Lincoln School gymnasium held a day of appreciation this week for custodian Edward “Red” Nestler,  88, who will retire on June 30. To his surprise, Red did not receive just a free lunch, or a watch, or a jacket, or a plaque in appreciation and commemoration of his many years with the school, a journey that began when he was a student there in the 1930s. On his “day,” Red learned that the school board, responding to a petition from students and staff, had voted to name the school gymnasium in his honor. Continue reading →

Ethics and the Case of the “Large-Breasted Woman”

/ Jack Marshall / 14 Comments

 

Now SHE'S what you call a distraction...

Illinois attorney Thomas W. Gooch III became the object of great hilarity in legal circles this week when he reacted to what he felt was an unethical courtroom tactic by his opposing counsel in a lawsuit by filing this motion in limine:

 Defendant’s counsel is anecdotally familiar with the tactics and theatrics of Plaintiff’s counsel . . . . Such behavior includes having a large breasted woman sit next to him at counsel’s table during the course of the trial. There is no evidence whatsoever that this woman has any legal training whatsoever, and the sole purpose of her presence at Plaintiff’s Counsel’s table is to draw the attention of the jury away from the relevant proceedings before this court, obviously prejudicing the Defendant’s in this or any other cause. Until it is shown that this woman has any sort of legal background, she should be required to sit in the gallery with the rest of the spectators and be barred from sitting at counsel’s table during the course of this trial.

Not surprisingly, the motion failed, and predictably, Gooch has become the latest villain in the gender wars, reducing a competent legal professional (according to attorney Dmitry Feofanov’s answer to the complaint) to the size of her bra cup and denigrating women generally. Continue reading →

Now THAT’s Hypocrisy: The Prosecutor and the Teenager

/ Jack Marshall / 3 Comments

As part of Ethics Alarms’ continuing effort to clear up the rampant confusion among the American public and media regarding what constitutes hypocrisy, I offer this illustrative tale.

Former Rock Island County, Illinois State’s Attorney Jeff Terronez has already pleaded guilty to providing alcohol to a minor.  As part of his plea deal, which allowed him to avoid more serious charges, he resigned his position as State’s Attorney, forfeited his pension and agreed to never seek public office again. Now it appears that the circumstances of his misconduct may result in a mistrial in the case in which  Terronez first encountered his 15-year-old victim.

You see, the young woman to whom Terronez provided alcohol was the victim and complaining witness in a previous case Terronez prosecuted, in which high school teacher Jason Van Houtte was accused of inappropriate contact with a 15 years old female student. Terronez saw to it that Van Houtte was convicted and sentenced to ten years in prison. Meanwhile, he met with Van Houtte’s comely prey and plied her with liquor socially…at least.

That’s right: the prosecutor began an “inappropriate relationship” with the under-aged complaining witness in a case he was simultaneously prosecuting involving a teacher’s “inappropriate relationship” with the same girl!

Now that’s hypocrisy.

Illinois’s Death Penalty Ban: Defensible Decision, Indefensible Reasoning

/ Jack Marshall / 19 Comments

Justice.

Illinois Gov. Pat Quinn  signed legislation abolishing capital punishment in the state and commuted the sentences of the 15 inmates still on death row to life in prison without parole.

I disagree with the decision, and have stated my reasons for not abolishing the death penalty here and here. Never mind: this is a topic on which ethical and reasonable people can disagree with honor. But if one is going to abolish an important law enforcement tool, the official justification for it ought to be coherent and persuasive, and not just facile rhetoric. That, unfortunately, is what Gov. Quinn gave us.

Here is the relevant segment of Quinn’s statement after signing the bill into law during a private ceremony: Continue reading →

Ethics and Freeing the Unjustly Convicted: A Utilitarian Controversy in Illinois

/ Jack Marshall / 2 Comments

Northwestern University journalism professor David Protess and his student reporters have been carrying out a heroic and aggressive project aimed at rescuing innocent residents of Illinois’s death row. It was Protess’s Medill Innocence Project that played a major role in influencing former Illinois Gov. George Ryan’s decision to halt all executions. Now, however, the Innocence Project’s methods are now under attack by its own university and Cook County prosecutors, who say the students crossed legal and ethical lines while investigating a decades-old murder.

Prosecutors claim that some of Protess’s students used surreptitious taping in an investigation, secretly recording a suspect in violation of Illinois law. Continue reading →