Now THAT’S An Unethical Judge!

But perhaps a potential Democratic Presidential candidate…or Virginia Lieutenant Governor maybe?

Judge Scott Gallina of Asotin County in Washington was arrested at the courthouse last week and charged with second-degree rape. He was also charged with fourth-degree assault with sexual motivation and indecent liberties, as described by  a press release by Washington’s attorney general.

Eleven women claim that Gallina subjected them to varying degrees of sexual misconduct including unwanted touching and inappropriate comments. The  women even adopted a buddy system so that no one would risk being alone with the judge in his chambers.

The rape charge involves a woman who  told investigators that she didn’t report Gallina’s alleged conduct  because she  feared she wouldn’t be believed. She did complain to Judge Gallina, who said he “could not help it because he liked beautiful women.”

And it gets creepier. Continue reading

Morning Ethics Warm-Up, 3/25/2019: Woke Up Really Sick Of Democratic Party BS This Morning. I’m Sure I’ll Get Over It…

Good Morning!

…as the Mueller report lets the sunshine in…

1. Thank goodness judges don’t bake cakes…the American Bar Association’s Standing Committee on Ethics and Professional Responsibility have issued Formal Opinion 485. It holds that judges who perform marriages, either as an obligation of their office or by choice, may not refuse to do so for same-sex couples. The opinion emphasizes that regardless of their backgrounds, personal views or philosophies, judges must follow the law and act impartially, free from bias or prejudice.

I’d say the opinion is unassailable for a judge who regularly performs marriages  as a mandatory part of his or her job. A judge who is not so required, presumably, can choose not to perform any marriages at all. I bet some judge will challenge the proposition, however, that a  religion-based refusal to perform an optional civil wedding is per se “bias or prejudice.” [Source: Legal Ethics in Motion]

2. Welcome to my world...This week I am doing several ethics programs, one of which (not in legal ethics) I have presented over many years. Last year, I was told that the 2 hour program I had been presenting to the group only needed to be 90 minutes, so the materials I prepared and submitted indeed covered that amount of time, as did my presentation.  This year, I again prepared for 90 minutes. Now, looking at the conference’s two-day program, I see that my seminar is listed in the program as two hours again. That’s a mistake, but it’s too late to correct it: the attendees plan on getting professional credit. So what is my most ethical response? I could…a) stretch the material to two hours, but that’s a 30 minute stretch. b) At my own expense, create an additional 30 minutes of material, copy the materials, distribute them, and never mention that the conference manager, my long-time contact, screwed up. c) Use this crisis as leverage to negotiate a supplement to my fee for the necessary upgrade. d) End after 90 minutes, tell the attendees why, and suggest that they take up the matter of the missing credit with the conference organizers. e) Do the upgrade, present it, and then bill the conference for my time. Continue reading

Ethics Quiz: The Improper Jury Instruction

At least a dozen Pennsylvania murder convictions may be reversed because Judge Renee Cardwell Hughes included this description of reasonable doubt to instruct her juries:

“Each one of you has someone in your life who’s absolutely precious to you. If you were told by your precious one’s physician that they had a life-threatening condition and that the only known protocol or the best protocol for that condition was an experimental surgery, you’re very likely going to ask for a second opinion. You may even ask for a third opinion. You’re probably going to research the condition, research the protocol. What’s the surgery about? How does it work? You’re going to do everything you can to get as much information as you can. You’re going to call everybody you know in medicine: What do you know? What have you heard? Tell me where to go. But at some point the question will be called. If you go forward, it’s not because you have moved beyond all doubt. There are no guarantees. If you go forward, it is because you have moved beyond all reasonable doubt.”

U.S. District Judge Gerald McHugh ordered a new trial for a man convicted following this instruction, and Hughes may have used it in 50 cases.

This is why I am making this an ethics quiz: I have no idea why the instruction is wrong, or confusing. I’ve read McHugh’s opinion, and I still don’t understand what the alleged problem is, unless this judge just doesn’t want to anyone convicted. (He’s an Obama appointment, but I’m sure that has nothing to do with anything, for Chief Justice Roberts tells us so). The decision is here, and this the judge’s reasoning: Continue reading

On Chief Justice Roberts’ “Rebuke” Of President Trump

What Chief Justice Roberts said:

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. The independent judiciary is something we should all be thankful for.”

What prompted his comment: After federal judge Jon Tigar of the U.S. District Court for the Northern District of California temporarily blocked the Trump administration from denying asylum to migrants who enter the U.S. illegally, the President said that the decision was a “disgrace,” adding,

“Because every case, no matter where it is, they file it — practically, I mean practically — for all intents and purposes — they file it in what’s called the 9th Circuit. This was an Obama judge. And I’ll tell you what, it’s not going to happen like this anymore. Everybody that wants to sue the United States, they file their case in — almost — they file their case in the 9th Circuit. And it means an automatic loss no matter what you do, no matter how good your case is. And the 9th Circuit is really something we have to take a look at because it’s — because it’s not fair. People should not be allowed to immediately run to this very friendly circuit and file their case. And you people know better than anybody what’s happening. It’s a disgrace. In my opinion, it’s a disgrace what happens with the 9th Circuit. We will win that case in the Supreme Court of the United States.”

This was—I don’t think it’s unfair to characterize it as “gleefully”—gleefully reported as a rare rebuke of the President by a Chief Justice.

Notes: Continue reading

Thanksgiving Week Launch Ethics Warm-Up, 11/19/18: Turkeys

Good Morning.

1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be  grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:

In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification. 

I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.

2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”

Amazon is investigating.

Happy Holidays! Continue reading

A Jumbo, And It WORKS! Double Standards, “Beyond A Reasonable Doubt” And The Judge’s “Toy”

Here is a rare case where a Jumbo (as in Jimmy Durante’s desperate “Elephant? What elephant?” defense when caught stealing the biggest pachyderm alive in the Broadway show “Jumbo”) actually worked.

Judge Joseph Claps of Cook County, Illinois, was acquitted this week on a charge of carrying a concealed weapon into a prohibited area, reports the Chicago Tribune. 

You see, a gun, or what looked like a gun and sounded like a gun when it hit the floor appeared to fall out of Claps’ jacket when he was entering the courthouse. The judge was licensed to carry, but it is still illegal to bring a firearm into the building. Sheriff’s deputies testified they believed the object was a gun, but they didn’t intervene because they weren’t sure whether the judge was allowed to have the weapon, and because, well, he was a judge.

Did Judge Claps admit he screwed up and accept the consequences like a trustworthy, honest public servant? No! He went to trial, and allowed his lawyer to argue that prosecutors couldn’t prove the “object” was a gun. ( “Gun? What gun?”) Claps’ lawyer argued that the dropped object could have been a replica or a toy. “It could have been a cap gun,” Breen said. “It could have been a water pistol. It could have been a lighter, a cigar lighter. It could have been anything.” Anything that looked like a gun sufficiently to convince the security personnel that it was a gun. And really, we all know how judges sometimes carry water pistols and cap guns into court! Continue reading

Ethics Warm-Up, 10/24/2018: Catchers, Judges, Photographers, And Journalists Behaving Badly. Then There Are The Bombers….

Good afternoon!

You might as well know: I’ve been what they euphemistically  call “under the weather” recently. Ethics is getting in the way of my naps…

1. About those bombs…Not much that needs to be said about the explosive devices sent to Soros, the Clintons, Obama and—it fits–CNN, except this: it was inevitable. With conservatives being harassed and attacked in public places, Fox News offices and Republican offices being vandalized, and Democratic leadership and the media openly feeding the hate while rationalizing extreme incivility ( Philippe Reines, former adviser to Hillary Clinton, on MSNBC regarding mobs harassing Mitch McConnell and others: “People are doing these things because it’s all that’s left.” Gee, I guess there were some other tactics left after all, eh, Phil?), that some unstable wacko would decide to bring a gun to knife fight was a near certainty. Naturally, the news media and Democrats want to blame Republicans for the crimes. That’s not going to defuse the situation, and it’s also wrong.  The blame falls on all of those who have encouraged the rhetoric of hate and uncivil conduct rather than conducting political debate in a manner that doesn’t shame democracy.

You can make that list as easily as I can. When the Oklahoma City bombing occurred, the extreme anti-government rhetoric—by the standards of those times, at least–of the Right was fairly accorded the bulk of the blame for raising anger to a dangerous level. This time, the hate machine is being operated around the clock by the Left, and for two years without a break or a significant easing on the accelerator—indeed, it is pretty much the Democratic theme of the 2018 elections.

2. It’s a huge bat! It’s a black-robed blur! It’ SUPER JUDGE! In Chehalis, Washington, Judge R.W. Buzzard left the bench and chased  after two handcuffed inmates when they made a run for it from his Washington state courtroom. 22-year-old Tanner Jacobson and 28-year-old Kodey Howard bolted for the door and down  four flights of stairs, but the judge grabbed Howard just as he was about to exit the courthouse, and Jacobson was caught by police apprehended Jacobson a few blocks away.

As with the cases of bank tellers and grocery clerks who spontaneously play vigilante, the judge was exceeding his authority and interfering with law enforcement. This wasn’t his job, and is not the kind of image the judiciary wants to project. He should be disciplined, but probably won’t be.

Sheriff Rob Snaza said of the incident, “These things don’t happen very often.” No kidding. And they shouldn’t happen at all.
Continue reading