No, the Massachusetts Supreme Judicial Court refused to allow Lionel Porter to become a lawyer because while he was in the midst of flunking all those bar exams, he practiced law without a license. The April 22 opinion explains.
I am stunned that any state, especially my home state of Massachusetts (where I passed the bar the first time despite studying for it almost always while listening or watching the Red Sox drive to the 1975 pennant) would allow anyone to take the bar exam that many times. It’s just not that hard, especially since Mass. went to the all-multiple choice Multi-State exam. I knew and know a lot of lawyers, and only one flunked the bar. That was my father, who took the exam the first time without studying just to see how he would do. (He just missed passing.) Continue reading →
Do we really have more elected officials at the local, state and national levels who are spectacularly ignorant of basic civics and the U.S. Constitution, or does it just seem that way?
How typical is this idiot/totalitarian of Democrats generally?
How can anyone trust, never mind vote for, someone who thinks she won’t be pilloried for stating that government power should not be constrained by laws?
Incompetent elected officials like this are far, far more dangerous than Joy Behar, who thinks the Supreme Court passes bills. All Joy does is talk on TV. Sabadosa is in a position where her ignorance and fondness for government dictatorship can do real damage.
If there is any American whose birthday should be a national holiday, it is George Washington, born this day in 1732 in Westmoreland County, Virginia, the first of six children of Augustine and Mary Ball Washington. If I have to tell you the reasons he was “the essential man” in American history, well, I guess you’re the product of our current public school system, a recent college graduate, a Democrat, a Black Lives Matter enthusiast, or something. There is no rational excuse for every American, yes, even African-Americans, to not be grateful for this day. Martin Luther King is now the only individual to have a national holiday dedicated to his honor, while Washington’s memory was dumped into a hodge-podge of lesser figures including Franklin Pierce, William Henry Harrison and now, Donald Trump. King is worthy of his day, but to honor King over Washington is as good an example of “putting the cart before the horse” as one could find. Shame on us. True, George is not lacking honors, with the capital city named for him, a towering monument, cities and towns in many states, Mt. Rushmore, and his image on both the most-used bill and coin. Nonetheless he earned all of it, and this date should be a holiday.
On The Ethics Alarms home page, you will see to your right a link to the list of ethical habits some historians believe made Washington the remarkably trustworthy and ethical man he was, ultimately leading his fellow Founders to choose him, and not one the many more brilliant, learned and accomplished among them, to take on the crucial challenge of creating the American Presidency. Directed to do so by his father, young Washington copied out by hand and committed to memory a list called “110 Rules of Civility & Decent Behavior in Company and Conversation.” It was based on a document compiled by French Jesuits in 1595; neither the authors nor the English translator and adapter are known today. The elder Washington was following the teachings of Aristotle—another Dead White Man whom most Americans alive today couldn’t tell you Jack S-word about— who held that principles and values began as being externally imposed by authority (morals) and eventually became internalized as character. As I wrote when I first posted them here,
The theory certainly worked with George Washington. Those ethics alarms installed by his father stayed in working order throughout his life. It was said that Washington was known to quote the rules when appropriate, and never forgot them. They did not teach him to be a gifted leader he became, but they helped to make him a trustworthy one.
Would that readers would access that list more often. And politicians. And lawyers. And educators…
1. How ignorant and ungrateful? THIS ignorant and ungrateful…
1. Let’s start with some good news! In April of last year, I wrote about Massachusetts judge Shelley M. Richmond Joseph, who was charged with obstruction of justice, along with another court officer, for helping an illegal immigrant (and criminal) elude arrest by the ICE. The story is here. It looks like the judge is going to trial.
U.S. District Judge Leo Sorokin has now denied the judge’s lawyers’ motions to dismiss in a July ruling. “After careful consideration, the motions to dismiss are DENIED because the Indictment alleges the elements of the offenses and sufficient supporting factual detail,” he wrote . Joseph’s attorneys are claiming was that she is protected by judicial immunity, though that should only apply to actions a judge engages in under judicial authority and in the course of her duties. Instructing a court employee to help an illegal immigrant evade being taken into custody by ICE agents after his hearing on criminal charges, including drug possession, is not known as “being a judge.” It is known as “obstructing justice.” Even if the judge avoids punishment, her days as a judge are over.
2. What’s this? MORE good news? I have been looking for cracks in the monolithic mainstream media, with defections by individuals in the midst of the journalism’s abandonment of its duties to democracy in favor of news manipulation and partisanship. Less than a month ago, New York Timed editor Bari Weiss called out the oppressive culture of partisanship and conformity at the her paper, earning her Ethics Hero status.
Last month MSNBC producer Ariana Pekary quit the network, arguably the most unethical of all the broadcast news outlets, and yesterday she published a blog post explaining why. “I simply couldn’t stay there anymore.” She wrote:
“My colleagues are very smart people with good intentions. The problem is the job itself. It forces skilled journalists to make bad decisions on a daily basis….It’s possible that I’m more sensitive to the editorial process due to my background in public radio, where no decision I ever witnessed was predicated on how a topic or guest would ‘rate,’ The longer I was at MSNBC, the more I saw such choices — it’s practically baked in to the editorial process – and those decisions affect news content every day. Likewise, it’s taboo to discuss how the ratings scheme distorts content, or it’s simply taken for granted, because everyone in the commercial broadcast news industry is doing the exact same thing. But behind closed doors, industry leaders will admit the damage that’s being done…I understand that the journalistic process is largely subjective and any group of individuals may justify a different set of priorities on any given day. Therefore, it’s particularly notable to me, for one, that nearly every rundown at the network basically is the same, hour after hour. And two, they use this subjective nature of the news to justify economically beneficial decisions. I’ve even heard producers deny their role as journalists. A very capable senior producer once said: “Our viewers don’t really consider us the news. They come to us for comfort.”
She claims to want to be part of a solution to this dire situation. We shall see. I reached out to her in an email yesterday, offering my guidance and expertise, gratis of course.
3. On the theory that transparency is good news, it was nice to see Democratic Rep. Karen Bass, supposedly one of the top contenders to be Joe Biden’s running mate, demonstrate how dim-witted she is and unqualified to be President, though at this point even she could probably beat poor Joe Biden in a spelling bee. Over and over, on several Sunday news shows, she repeated her previous explanation for praising Fidel Castro , telling Chuck Todd on “Meet the Press,” for example, regarding calling the brutal dictator’s death a “great loss to the people of Cuba,” that she “wouldn’t do that again. Talked immediately to my colleagues from Florida and realized that that was something that just shouldn’t have been said.”
Astounding. She wouldn’t say that what she said was wrong, outrageous for a member of Congress and demonstrated inexcusable ignorance, but that she should have kept the opinion to herself. Todd, of course, being one of the worst hacks in captivity, didn’t bother to press her on the point for the benefit of members of his audience who can’t recognize signature significance when it’s right in front of them.
Biden, or whoever his ventriloquist is, is officially trapped in ethics zugzwang. The only reason Bass is even being considered is that Biden has to select a black (George Floyd!) woman (#MeToo!) as his VP, and all of his remaining options are horrible by any objective standard. This will be a flaming lesson in the foolishness of placing physical characteristics over ability, experience and character, a perfect example of why affirmative action doesn’t work and will never work. Bass is a light-weight, but Biden’s two other options are Kamala Harris ( whose ugly Ethics Alarms dossier is here), and <ack! choke! yecch! barf! gag!> the even more horrible Susan Rice, Barack Obama’s ethics-free acolyte. Her dossier is here. She would be the most sinister Vice-President candidate since Aaron Burr.
I have to poll this: Who is Joe’s best choice among this unethical trio?
I’m not going to allow “None of the above,” because I don’t think he has that option, or at least doesn’t have the integrity to insist on choosing a qualified candidate who has the wrong tint or chromosomes.
4. Finally, to end on a downer, the Unethical Non-Trump Tweet of the week. Orlando Magic forward Jonathan Isaac was the only NBA player not to kneel during the National Anthem, and also refused to wear a “Black Lives Matter” warm-up like the rest of his teammates. In Sunday’s game, he tore his ACL, a season-ending and career threatening injury. ESPN radio host Dan Le Batard then ran a poll on Twitter asking, “Is it funny the guy who refused to kneel immediately blew out his knee?”
When the poll was pulled, about 45% of respondents said that it was funny, which tells you all you need to know about NBA fans and Black Lives Matter supporters—the genuine kind, not the grovelers. Le Batard issued a phony apology, Level 10 on the Apology Scale.
“We apologize for this poll question,” he wrote. “I said on the front and back end of the on-air conversation that I didn’t think it was funny. Regardless of the context, we missed the mark. We took the tweet down when we realized our mistake in how we posed the question to the audience.”
Lies and more lies. They took the tweet down when it was clear they were getting slammed for it. If he didn’t think a young athlete getting injured was funny because he dared to oppose the BLM mob, why would he think anyone else would? When is someone getting hurt who has done nothing wrong and who did not do something foolish to cause the injury ever funny?
Remember the Penobscot Expedition? Of course you don’t. Today’s history lesson has many aspects worth pondering, but I only recall some mention of the fiasco from growing up in Arlington, Massachusetts. It struck me now as notable thanks to valkygrrl’s Great Americans contest, still generating comments here. One commenter suggested Paul Revere: I wonder if this episode in his career was considered. I assume not.
On July 19, 1779, in the middle of the Revolutionary War, the would-be state of Massachusetts, on it own and without consulting either Continental political or military authorities, set out on badly planned a 4,000-man naval expedition that ended up as the biggest naval disaster in U.S. history until the attack on Pearl Harbor.
The commanders were Commodore Dudley Saltonstall, Adjutant General Peleg Wadsworth, Brigadier General Solomon Lovell aaaaand Lieutenant Colonel Paul Revere. 19 warships, 24 transport ships and more than 1,000 militiamen set out to capture a 750-man British garrison at Castine on the Penobscot Peninsula, then part of Massachusetts, but now known as “Maine.”
On July 25, the Massachusetts forces launched a series of disorganized land attacks, largely leaving their naval forces, which were mostly manned by untrained sailors, out of the battle. This gave the British crucial time for reinforcements to arrive. General Lovell, the commander of the land assault, saw Sir George Collier’s seven British warships arrive and retreated, expecting Commodore Saltonstall to oppose them. Instead, Saltonstall, quickly decided that resistance was futile and surprised everybody by fleeing upriver and burning his own ships. Continue reading →
Desperately trying to get this post out before the walls close in. I’m doing a program for an always receptive BigLaw firm in Atlanta, and its a program I know well, and I’m still anxious about it. It doesn’t help that I have some kind of cold, but the show must go on…
1. Super Tuesday musings…
Last night, I stumbled on a Fox News panel discussing the Julie Principle at length regarding Joe Biden’s brain farts and Trump’s Tweets! They didn’t use that term, of course, but it would have helped explicate what they were trying to say, which was that once you’ve decided to accept the flaws of a candidate, more evidence of those flaws won’t change your support.
Speaking of… Joe Biden got his sister and his wife mixed up during his victory speech. If there was ever a question of how much the country doesn’t want socialism, the fact that so many Democrats preferred to vote for this sad husk than capitulate to Bernie should answer it.
How proud I am of my home state, which told the world that even voters who know best, and presumably support to some extent, Elizabeth Warren don’t think she should be President. Thus they validated Abe Lincoln’s rule: you can’t fool all of the people all of the time. Warren was the 2020 field’s worst demagogue and biggest hypocrite, as well as one of the most shameless liars. As I write this, she hasn’t dropped out yet, perhaps because she doesn’t want to help Sanders, whom she still resents for saying that a women couldn’t be elected President. Well, he was right as far as she is concerned. Good.
Warren was easily my least favorite of the Democratic contenders from an ethics standpoint. After I posted on Facebook about one of her many deceptions, a friend, apparently seriously, commented that I seemed to have a real bias against her. It reminded me of one of Martin Short’s brilliant improvs as idiot celebrity interviewer “Jiminy Glick,” when he cracked up Mel Brooks by asking, “Now what is it that you have against Hitler?”
2. Wait, he did WHAT??? Cedric Sunray, a college recruiter from Oklahoma Christian University, visited Harding Charter Preparatory High School in Oklahoma City last month and met with 110 juniors and four teachers in the gymnasium to talk about opportunities at the college. He then asked the students to line up from darkest to lightest skin complexion, and then line up from “nappiest” to straightest hair. As the students lined up, some of the teachers left to report the request to school administrators, who intervened. Sunray was quickly fired.
Sunray later wrote that the exercise was meant to be an “icebreaker” and that he has made the same presentation dozens of times at other institutions. Really? And nobody complained?
The president of Oklahoma Christian University, John deSteiguer, visited the prep school to apologize to students and staff members. Too late, I’d say. Any school that would let someone like Sunray represent it is too inept to be trusted. Continue reading →
1. Stop making dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw in his hand and “shaking” the dog’s snout He then scratched the dog’s ears. The social media mob called him a dog abuser.
Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.
2. I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.
Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.
Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading →
Traffic here inexplicably dead yesterday and today. Is there a secret ethics convention nobody told me about? There is, isn’t there? I’m hurt…
1. It’s too bad so many readers don’t pay attention to the baseball posts, because a lot of fascinating ethics issues with general applications arise…like right now. Yesterday, as already mentioned in an update to yesterday’s post and a couple of comments, the Boston Red Sox “parted ways with Manager Alex Cora by mutual agreement.” (He was fired.) In a press conference I just watched, the Red Sox brass said that Cora, who was both successful and popular in Boston, was let go solely because of the MLB investigation report regarding his involvement in cheating while serving as a coach for the Houston Astros in 2017, and the allegations of cheating while managing the Sox in 2018, still under investigation, played no part in the decision. What they meant is that the Astros cheating was going to result in a long suspension for Cora anyway, so the team didn’t need to wait for the bad news regarding his cheating in Boston.
The weirdest thing about the press conference is that none of the four Sox officials would do anything but praise Cora, his character, his judgment, his dedication to the team, his devotion to baseball. Gee, why did they fire this saint, then? Alex Cora’s character is obviously flawed, or he wouldn’t have masterminded major cheating schemes that cost the Astros 5 million dollars and four key draft choices while losing the jobs of two men who advanced his career. Cora’s judgement also stinks, because his actions have now cast a shadow over two teams, their championships, and the records of the players his schemes benefited.
If he was so dedicated to the team, why is it now facing a public relations and competitive disaster because of his actions? If he was devoted to baseball, how did he end up at the center of a scandal that undermines the perceived integrity of the game? Continue reading →
I am not honoring the appeals court that just upheld the lower court judgment in my favor in a two-year old (and probably not over yet) frivolous lawsuit against my for defamation by an angry ex-Ethics Alarms commenter. The court’s decision rejecting the plaintiff’s appeal was dictated by precedent and black letter law, as was the decision in the original case. It took no special courage or integrity to hold so, and in fact any other result would have evinced rank incompetence.
No, I am awarding the court Ethics Hero status after receiving today its published opinion in case n. 18-p-1605, where the judgement of the lower court judge was affirmed. It is officially a summary decision, and thus not binding precedent, since the usual details a full appellate opinion would contain are missing. However, in the eight page opinion affirming the lower court dismissal of the complaint, the judges are impressively restrained, respectful, and thorough. They manage this despite the fact that the lawsuit was doomed from the beginning, without merit or law on its side. The persistence of the plaintiff has wasted taxpayer money (and mine) and occupied time the judges needed to address more serious and legitimate matters.
Nonetheless, the fact that a pro se litigant is able to receive more than perfunctory handling of even a complaint this misbegotten and trivial speaks well for our system, and very well for the judges. Despite all the attacks claiming that our system only caring about ‘justice for the rich,” a pro se litigant seeking justice (as he saw it) and using confused, garbled and outrageously long documents to that end, cannot deny that his case and arguments were ignored. He lacked the financial resources to hire a lawyer to pursue them (though I wonder if any lawyer would have accepted the representation) and represented himself—rather badly, but still, he took his best shot. Continue reading →
The first Ethics Alarms post about the trolling masterpiece “It’s OK to be white” was in 2017. The message, apparently launched by those puckish trouble-makers at 4Chan, first appeared on stickers appearing on the Harvard campus, sparking an idiotic response from an African American dean. I concluded, in part, that the sticker campaign was brilliant “no matter who came up with it or what the motive was,”; that anyone who was troubled by the message is part of the problem the stickers are responding to, and that the stickers would have been harmless if they were treated as harmless, and they should have been.
The Ethics Alarms’ self-appointed Voice of the Woke at the time took umbrage, saying, “The stickers are stupid. No one disputes that it’s OK to be white….The correct response from average citizens to this display of faux persecution should be mockery and ridicule, not outrage.” Realizing a hanging curve over the middle of the plate when I say one, I replied in part, ,
“You know, it’s easy to deal with any problem if you make up your own facts. Nobody says its not OK to be white? This list took me less than 10 minutes:
As I may have mentioned, I was explicitly told that the only reason I was not hired as an Assistant US Attorney in DC …a life and career-altering result for me…was that I was white. Now, I think it is reasonable to assume that if I was not hired because I was white, there was something “not OK” with my being white. I’m not unhappy or bitter about this, but it happened.
The problem with being an ideologue… is that it requires distorting reality.