The Legal Rape, and the Limits of Cultural Tolerance and Religious Freedom

Sometimes conduct is just wrong, and a culture should be able to reject and condemn it confidently without engaging in navel-gazing over cultural tolerance and diversity. The position, unfortunately popular, that all cultural determinations of right and wrong are equally valid is both lazy and insidious, though it has wormed its way into the minds of some who would cal themselves “progressive,” but who are more appropriately called “confused.”

In this category is a New Jersey Court judge, who refused to find a Muslim defendant guilty of sexual assault despite undisputed evidence that he raped his wife multiple times, (immediately prior to their divorce), saying at one point,

“You are my wife, I can do anything to you. The woman, she should submit and do anything I ask her to do.” Continue reading

Ethics Heroes: The Texas Commission on Judicial Conduct

Thank you, Commissioners, for avoiding the impulse to support a fellow judge, and standing up for decency, compassion, and common sense in the judicial profession.

In a display of arrogance, rigidity and callousness that has justly haunted her for three years, Sharon Keller, the Presiding Judge of the State Court of Criminal Appeals, told a clerk to close down the courthouse on the dot of  5:00 PM on September 5, 2007, knowing well that attorneys were rushing there to file a last-minute appeal to save a prisoner from execution. Once the doors were closed, there was nothing they could do, and their client, Michael Richard, was put to death that night. Continue reading

Avocations and Conflicts of Interest, Part II

As if to give ethical guidance to conflicted umpire Joe West, a similarly conflicted judge has shown Country Joe the way by quitting the bench to avoid ethical conflicts.

Admittedly, the ethical issues surrounding independent filmmaker/ New Jersey Judge Kenneth Del Vecchio are a little bit different from Joe’s. One of his creative efforts was called “O.B.A.M. Nude,” and was a satirical critique of the President, though Del Vecchio played the Obama-like hero himself. A judicial ethics panel opined that his film exploits raise the specter of an ethical conflict under the Code of Judicial Conduct, presumably including the section that reads, Continue reading

Avocations, Conflicts of Interest, and Country Joe West

Some employers are troubled by the avocations and outside activities of employees, a concern that often deserves a  defiant “none of your business” in response. However, sometimes the concern is justified, such as when the avocation adversely reflects on the individual’s reputation to the extent that it harms his or her ability to perform, or when the avocation actually interferes with the job, such as a when a recreational rugby player keeps missing work because of injuries. Another problem is when the avocation creates a conflict of interest in which conduct that may be good for the avocation undermines the job.

The latter is exemplified by Major League Umpire Joe West, who fancies himself a country music singer and songwriter when he isn’t calling balls and strikes. As nicely narrated on the blog “It’s About the Money,” West has long been the most flamboyant and combative of umps, as proven by the fact that a lot of people know his name. Umpires aren’t supposed to be stars, celebrities or personalities: if you notice a particular umpire, it is almost always because he has made a mistake.  They are important, however. Their acuity of sight and judgment are called upon many times in every game, and can make a significant difference in scores, standings, championships and careers. Like judges, they have to be trusted, and their integrity above suspicion. “The Common Man,” who wrote the blog post, believes that West’s singing career, such as it is, creates a conflict of interest that undermines that trust, and worse, warps his judgment on the field. Continue reading

Ethics Dunce: Judge Darrell Russell

Domestic abuse is a crime, a social malady and a sickness, one that frequently afflicts both the batterer and the victim. It is an especially infuriating crime to prosecute, because the couple drawn together in an abusive relationship often form bonds that even the threat of injury and death won’t loosen sufficiently to allow one party to testify against the other. Thus domestic abuse goes unpunished more often than not, and some prosecutors have decided that in the interest of society, these cases need to be prosecuted whether the beating victim likes it or not. They are correct. Violence and battery are crimes against the state, not just one individual. There is not much a prosecutor can do, however, when the judge is an Ethics Dunce, prepared to go the extra mile to free a loving couple for future mayhem. This brings us to the case of Baltimore Judge Darrell Russell,who recently charted new waters in judicial abuse of power, arrogance, incompetence, and irresponsibility. Continue reading

The Legal Ethics Forum’s Top Stories of 2009

It is the time for year-end lists—Ethics Alarms will post its 2009 ethics award winners  soon—and one of the best is out. From the always excellent Legal Ethics Forum comes legal ethics ace John Steele’s list of the Top Legal Ethics Stories of 2009. Even though John left out my personal favorite, it is a thorough and enlightening compendium. Even if you aren’t a lawyer (perhaps especially if you aren’t!), it is worth reading. Something on his list will affect your life sooner or later, if it hasn’t already.

Law Students, Lawyers and Judges With Broken Ethics Alarms, 2009

I won’t keep you in suspense: my favorite is the Harvard law school whiz who celebrated his job offer from a top law firm by getting drunk and burning down a church. Forgot to check the batteries in the ol’ ethics alarm, I guess!

Here are two cautionary end-of-year lists: from the Avvo blog, the “Top Lawyers Behaving Badly” list for 2009, and, though not rich a source for  black humor, the even more disturbing “Year’s Most Infamous Lawyers” from the Business Insider.

Ethics Alarms thanks  Robert Ambrogi for finding them, as well the Avvo and the Business Insider for doing such an excellent job of compiling them.

Age and the Judge

U.S. District Senior Judge Malcolm Muir recently turned 95.  Many articles in the media celebrated his long and distinguished career, but none made the observation that should be as obvious as it is indelicate. Judge Muir should not be on the bench. He should probably not have been on the bench for the past decade. It is irresponsible for him to continue to be a federal judge. Continue reading