Tag Archives: judges

The Attorney General’s “Island In The Pacific” Gaffe

I guess we’re going to have to get used to this sequence over the next 4-8 years (yes, 8: at the rate the Democrats are disgracing themselves, President Trump may stick around):

1) President Trump and/or one of his surrogates, spokespersons or appointees make a carelessly worded statement

2) Democrats, activists and the news media intentionally, wilfully and maliciously interpret it in the worst way possible under the convetions of the English language

3) They widely represent the statement to the public as expressing malign thoughts intent and principles

4) The Trump-related speaker, being rhetorically-challenged to begin with, fails to clarify the confusion and makes himself or herself look worse the more he tries.

5) Nobody, almost literally nobody, bothers to examine the statement from an objective point of view.

Attorney General Jeff Sessions said last week, referring to the Hawaii -chambered federal judge Derrick K. Watson, who last month blocked Trump’s revised temporary halt on travel from sslected terrorist-rich Muslim countries just before it was to go into effect,

“I really am amazed that a judge sitting on an island in the Pacific can issue an order that stops the president of the United States from what appears to be clearly his statutory and Constitutional power.”

It was an off-hand remark on conservative talk show host Mark Levin’s radio program, but it immediately provoked ridicule and attack. Sessions didn’t know Hawaii was a state. Sessions doesn’t respect Hawaii.  President Trump doesn’t like Hawaii. Just a few minutes ago, I watched ABC’s George Stephanopoulos confront Sessions about the remark. Sessions’ humina humina reply: “Nobody has a sense of humor any more.”

I understood the meaning of Sessions’ statement to Levin the minute I heard it, because I thought the same thing at the time of the judge’s ruling: Hawaii is the weirdest place for Trump’s order to be litigated, since the state  is uniquely insulated from the illegal immigration problems facing the other 49 states, has never had anything close to a terrorism attack, and has a negligible Muslim population. The particular problems that the President’s order purports to address is an abstract one for Hawaiians, more than any other state. Sessions’ comment was rueful, intended as irony (to a friendly interviewer), and none of the vile things it was subsequently accused of being. Continue reading

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Filed under Government & Politics, Humor and Satire, Journalism & Media, Law & Law Enforcement

Comment Of The Day: “Ethics Dunce, Judicial Division: Arkansas Circuit Judge Wendell Griffen”

The post about the absurd Arkansas judge who saw nothing wrong with taking part in some anti-death penalty protest theater shortly after halting some scheduled executions. Can we say “objectivity”? Sure we can!

The impetus for Steve-O-in NJ’s Comment of the Day was what could be called dicta in the original post about the dubious role models for judicial conduct currently sitting on the U.S. Supreme Court.

Here is Steve-O-in-NJ’s Comment of the Day on the post, Ethics Dunce, Judicial Division: Arkansas Circuit Judge Wendell Griffen:

I agree that SCOTUS needs an ethics code, but, in all fairness, did Eisenhower, Kennedy, Johnson, or Nixon ever attack the SCOTUS or a decision in a speech or an address? FDR was far more politically powerful than Obama ever could hope to be, but even he knew when to back off the SCOTUS. That said, I wonder if he knew from the get-go he was going to break the 2-term tradition and just wait the court out, as justices either died or retired and he replaced them with like-minded judges.

What do you think of an age limit for Federal judges, setting either 70 or 75 as a mandatory retirement age? Although Article III judges serve for the term of their good behavior, arguably that Article didn’t conceive of Federal Judges living well past 70 regularly and living and serving into their 80s and 90s uncommon but now certainly not unheard of. If we can revisit Presidential terms of office, which we already have, if we can revisit the Electoral College, which we already have once and some are asking us to again, and if many vocally want us to revisit both the First and especially the Second Amendments, all of these due to changing circumstances (breach of the 2-term custom, the emergence of political parties, alleged hate speech, and the evolution of firearms beyond single shot muskets) then arguably we can revisit Article III as well.

Continue reading

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About Fox News’ Fake Judge

In a post on the Legal Ethics Forum, not as active as it once was but still one of the best legal ethics sites around, Legal ethicist and law professor Steve Lubet clarifies something I have always wondered about, and like a lazy slug, never investigated.

Fox News contributor Andrew Napolitano, most recently in the news for claiming that the British intelligence service GCHQ  colluded with President Obama to conduct surveillance on the Trump staff during the 2016 campaign, is always called “Judge Napolitano” during his appearances.  Lubet points out that he’s not a judge any more. Napolitano once served on the New Jersey Superior Court, but resigned in 1995 and has not held judicial office for more than two decades. It is apparently at Napolotano’s insistence that he is always addressed  as “Judge”  in Fox. His website, JudgeNap.com, refers to him as “Judge Napolitano” throughout, as does his bio on the Fox News site.

Lubet notes that The American Bar Association has held that  the use of  judicial titles by former judges practicing law is misleading and unethicalin connection with law practice.  ABA Formal Opinion 95-391 says that continued “use of the title is misleading because it may be misunderstood by the public as suggesting some type of special influence” or “to create an unjustified expectation.” In fact, said the ABA, “there appears to be no reason for such use of the title other than to create such an expectation.” Of course, Napolitano isn’t practicing law when he bloviates on Fox News, so it isn’t a Rules violation, but the Judge label is still misleading

The Ohio Rules of Professional Conduct, Lubet found,  goes further by decreeing that it is only ethical for a former judge to use the titles  “Judge” or “The Honorable” if they are preceded by the word “retired” or “former,” and the rule does not limit this caveat to ex-judges actively practicing law. Again, Napolitano is not out of compliance, because he is not subject to the Ohio Rules. That doesn’t make what he calls himself strictly accurate, or sufficiently accurate. (I confess, I have had a bias against such things ever since I suffered through a year with an insufferable  high school history teacher who called himself (and insisted that we call him)  “Dr. Arthur” because he had a PhD in history.) Continue reading

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Ethics Dunce, Judicial Division: Arkansas Circuit Judge Wendell Griffen

 

That’s the judge lying down. At least he wasn’t wearing his robe…

Arkansas circuit judge Wendell Griffen granted a temporary restraining order last week halting the Arkansas Department of Corrections from executing seven condemned prisoners within eleven days as it had planned, as Griffen barred the use of one of the ingredients in the lethal drug “cocktail.” A federal judge followed up quickly with anothee order likewise barring Arkansas from proceeding to execute anyone with a lethal injection. Mission accomplished,  Judge Griffen decided to reward himself by attending an anti-death penalty rally in which he participated with elan, playing a condemned prisoner lying prone on a lawn chair as if it was a gurney.

What fun! And what an idiot! No ethics alarms went off, despite the fact that he was flagrantly displaying his bias against the death penalty immediately after interfering with the state’s law enforcement based on a fair and objective interpretation of the law.

State officials were outraged, and argued that Griffen’s conduct proved that he was not capable of impartiality in capital cases. Ya think?

Yesterday the Arkansas Supreme Court pulled Griffen from all pending death penalty and lethal injection protocol cases. It also referred him to the state’s Judicial Discipline and Disability Commission to determine whether he violated the Code of Judicial Conduct.

Good. Continue reading

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Filed under "bias makes you stupid", Ethics Alarms Award Nominee, Government & Politics, Law & Law Enforcement, Professions

Signature Significance: The Democratic Party’s Irresponsible And Petulant Gorsuch Tantrum [Updated]

Signature significance, in the context of ethics, is when a single example of conduct or a single episode is sufficient to make a definitive judgment about the ethical values of an individual or an organization. It is something so striking and blatant that the usually valid statistical argument that one data point is meaningless doesn’t hold true. Ethics Alarms refers to signature significance frequently.

The Democratic Party’s behavior regarding the confirmation of Judge Gorsuch is signature significance. It won’t work. It will result in permanent harm to the Senate, harm that will initially most affect Democrats. It is hypocritical, irresponsible, and embarrassing, at least if the party is considering citizens who understand what is going on, admittedly a minority. It is unprofessional. It is dishonest. It is unpatriotic. The conduct is so obviously irresponsible that it is difficult to believe that Democratic leaders don’t realize it. Because it is all these things, the strategy is also very close to insane.

I just watched Senator Grassley’s address to the Judiciary Committee, ticking off l the reasons why the inflammatory Democratic rhetoric regarding Judge Gorsuch ranged from untrue to self-contradictory to ludicrous. He wasn’t exaggerating; it wasn’t a partisan speech.  Grassley reminded the committee that Gorsuch had been unanimously confirmed when he was nominated to the 10th Circuit. The Senator correctly explained why the recent mantra that Gorsuch wasn’t “mainstream” was counter-factual, since he has voted with the majority on that court over 90% of the time.

Grassley dismissed as offensive and judicially ignorant (my words, not his; Chuck was appropriately mild in his word choices) the argument that Gorsuch lacked compassion and wouldn’t rule “for the little guy.” Competent and ethical judges—unlike, say, Justice Sotomayor—don’t change their decisions according to which litigant is “big,” “little,” rich, poor, black or white. Their job, duty and role is to clarify what the law is. It is only part of the current progressive delusions, most recently shown in the rulings against the Trump travel halt from terrorist-teeming Muslim nations, that judges should base their analysis on their personal and political biases, when those biases are the “right” ones.

Senator Grassley then moved to the complaint that Gorsuch “refused to answer questions.” “What this means is that the judge wouldn’t say in advance how he would rule on cases that hadn’t come before him yet,” the Senator said. Of course he is exactly right. No judicial nominee has been willing to answer such question since the Democrats politicized the confirmation process forever by voting down Reagan appointee Robert Bork, despite the judge being as qualified and brilliant a jurist as anyone nominated to sit on the Court. No judge should have answered such questions before that, either. Cases are decided on the law and the facts. A justice who has made up his or her mind before even reading the briefs or hearing oral arguments is not judging fairly or competently.

Finally, Grassley pointed out that no Supreme Court nominee has ever faced a filibuster or the threat of one. For Gorsuch to be filibustered by Democrats, despite being assessed by almost every legal expert and commentator as unusually distinguished and qualified (including the left-leaning American Bar Association, which has found conservative judges less than qualified in the past because they were…conservative), is indefensible on the merits. Continue reading

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Filed under Character, Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Incompetent Elected Officials, Law & Law Enforcement, Leadership

“The Good Immigrant” III, or Fake News? The Incredible Sobbing 13-Year Old

A 13-Year-Old Girl Sobbed While Recording Her Immigrant Father Get Arrested By ICE Agent  is the headline at Buzzfeed. Wait, teenage girls weeping is news now? Was she the only teen sobbing this week? How is this news, by any standard?

Of course, it’s headline worthy if the objective is to provoke an emotional reaction rather than to inform the public objectively. In fact, nothing about the story is newsworthy, except as pr0-illegal immigration, anti-law enforcement, anti-President Trump propaganda and hate-mongering. Illegal immigrant and scofflaw Romulo Avelica-Gonzalez had dropped his daughter off at a Los Angeles school, and six blocks from the school his car was surrounded by immigration enforcement agents who took him into custody, just as law enforcement takes law-breakers into custody every hour of every day of the week.  Gonzalez had a 2014 deportation order against him issued by an immigration judge, and violated it every day he spent in the U.S., masquerading as a law-abiding citizen, since then.  He also had a 2009 DUI conviction. This wasn’t even a close call.

I’m pretty sure the children of gang members, drug dealers, muggers and serial killers also sob when daddy is taken away, and while I feel sorry for the children,  it doesn’t make me want to let their fathers go free, it doesn’t mean we should change the laws, and it isn’t news. 

ICE said Avelica-Gonzalez is scheduled to be deported to Mexico, where he was supposed to have returned three years ago. This isn’t cruel, this isn’t unfair, this shouldn’t be a surprise.

Brenda Avelica, a different daughter from the one heard sobbing on the viral video of her father’s arrest—YES! It really happened! The girl SOBBED! Film at 11!— said that her father has been in the US for 20 years and has four children, two of them adults.

So?

“It’s really hard what we’re going through,” Avelica told reporters. “I never thought we’d actually go through something like this. It’s terrible to feel and see your family being broken apart.”

Let me fix that for her. It’s terrible to finally have the law catch up to you when you are guilty as hell. The James brothers said that, I think. Maybe it was Bonny and Clyde. Or Bernie Maddoff. ICE agents are not the bad guys here. The elected officials, activists, and journalists who want us to think that, however, are. Very bad. Continue reading

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Filed under "bias makes you stupid", Childhood and children, Citizenship, Ethics Alarms Award Nominee, Government & Politics, Journalism & Media, Law & Law Enforcement, Rights, This Helps Explain Why Trump Is President, U.S. Society

Ethics Lesson: Judges Can’t Campaign Like Other Candidates

false-campaign-ad

The Supreme Court of Appeals of West Virginia suspended Judge Stephen Callaghan for two years and fined him $15,000 for a campaign flyer that it deemed dishonest. The court said that the flier  depicted the incumbent judge, Gary Johnson, as “partying” with President Obama. Johnson had visited the White House for a federally required conference on fighting child trafficking, but  he didn’t see Obama there, there was no party, and no function involving alcohol. The flier was mailed out five days before the May 2016 election, which Callaghan won.  Callaghan won the election by 220 votes.

The flier was “in every sense, materially false” according to the decision. You can see it above. Photos of Obama and Johnson are shown next to each other. Obama is shown holding a beer and streamers are in the background. The caption reads, “Barack Obama & Gary Johnson Party at the White House.” The opposite side of the flier read,

“While Nicholas County lost hundreds of jobs to Barack Obama’s coal policies, Judge Gary Johnson accepted an invitation from Obama to come to the White House to support Obama’s legislative agenda. That same month, news outlets reported a 76% drop in coal mining employment. Can we trust Judge Gary Johnson to defend Nicholas County against job-killer Barack Obama?”

After Johnson objected to the flier ( and probably threatened to sic the Judicial Ethics Panel on him), Callaghan removed the flier from his Facebook pages and ran radio ads saying the flier’s “specific characterization of the White House visit may be inaccurate and misleading,” and “candidate Callaghan apologizes for any misunderstanding or inaccuracies.” Continue reading

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