Alarm Failure! Racist Juror+Angry Judge=Jury Duty For Life

"You won't like me when I'm angry..."

Political correctness is now officially moving into places where it cannot be tolerated….like the courtroom.

In Brooklyn Federal Court, Juror No. 799, an Asian woman in her 20s who said she works in the garment industry, was up for jury duty in the death penalty trial of Bonanno crime boss Vincent Basciano. Asked to name three people she least admired on her jury questionaire, she wrote, “African-Americans, Hispanics and Haitians.” Elsewhere on the form she declared that all cops were lazy, and used their sirens to bypass traffic jams.

Federal Judge Nicholas Garaufis read the questionaire, questioned the woman, and declared, “This is an outrage, and so are you!” After he dismissed her as a juror on the case, he announced that she was now, until further notice, on permanent jury duty until he let her off.

“She’s coming back today, Thursday and Friday – and until the future, when I am ready to dismiss her,” Garaufis said.

Just desserts for a racist?

Proper punishment for hate?

A lesson in citizenship for all? Continue reading →

Ethics Dunce: Prosecutor Kit Bramblett

Uh, Willie? The judge woul like you to put down the weed and sing.

In West Texas, Hudspeth County prosecutor has recommended an unusual set of penalties for country music legend Willie Nelson, who has been arrested for possession of marijuana as he has been many times in the past. County Attorney Kit Bramblett has recommended to the judge in the case that she allow Bramblett to drop possession charges if Nelson pleads guilty, pays a fine…

…. and sings “Blue Eyes Crying in the Rain” for in court.

His recommendation is ethically offensive on many levels, though it is probably not a violation of any Texas rule of legal ethics, for the Texas Rules of Professional Conduct does not directly address Ethics Dunces. However… Continue reading →

Ethics Hero: New York Courts

Bravo!

New York’s court officials have decided to bar New York’s elected judges from hearing cases involving lawyers and others who make major financial contributions to their campaigns. The New York Times reports that the new rule of the state court system will be announced this week by Jonathan Lippman, the state’s chief judge. “It is believed to be the most restrictive in the country, bluntly tackling an issue — money in judicial politics — that has drawn widespread attention,” said the paper.

The new rule decrees that “no case shall be assigned” by court administrators to a judge when the lawyers or any of the participants involved donated $2,500 or more in the preceding two years. Continue reading →

Unethical Quote of the Week: Rep. Barney Frank

“Anything we’re doing that’s unconstitutional will be thrown out in court.”

—-Rep. Barney Frank (D-Mass.), expressing his disdain for a new House rule that will come in with the new Republican majority, requiring  every bill to cite specific constitutional authority.

Similar sentiments expressed by others: Continue reading →

Googling Potential Jurors in Court: Not Unethical, Just New

I sometimes facetiously tell legal ethics classes that the average judge is ten years behind the average lawyer in technological acumen, who is five years behind the average 13-year-old. The law and legal ethics consensus is always playing catch-up with technological developments, and every time technology is put to a new or unexpected use in a trial, some judge may react to it like a Cro-Magnon encountering his first flame.

This happened recently in the case of Carino v. Muenzen (N.J. Super. Ct. App. Div.) During jury selection, plaintiff’s counsel began using his laptop computer to go to the Web and seek  information on prospective jurors. Defense counsel objected,  and the following exchange took place: Continue reading →

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 →