Showing posts with label Canons of Judicial Ethics. Show all posts
Showing posts with label Canons of Judicial Ethics. Show all posts

Thursday, November 18, 2010

ONE OF THE WORST EXPERIENCES YOU CAN HAVE



One of the worst experiences you can have is to be reminded unexpectedly of a personal tragedy. This just happened to me.

I opened a file draw and inadvertently pulled out a “Congratulations” letter from the clerk of a Federal District Court in Louisiana, welcoming me, as a new officer of the court. 


I remember the sense of elation and anticipation I felt when I first received this item, years ago.

That was before I discovered that the Canons of Judicial Ethics mean nothing, and the Judicial Complaint Rules mean less than nothing.

I no longer have a law license. 

My three licenses were suspended after I filed a confidential complaint of misconduct against a federal district judge, who publicized my name as the lawyer, who had filed a confidential complaint of misconduct against him. 

This maneuver by the judge of course destroyed my effectiveness in either litigating or settling the matter at hand.

More than two years later, I was prosecuted by the Louisiana Disciplinary Counsel for having brought the confidential complaint against the federal judge. 

I was prosecuted successfully, of course; both of the lawyers on the three-person committee who adjudicated the complaint against me, were members of the lawyer organization who had gifted the judge. (This was one of several of my complaints about this judge – that he took gifts and did favors for his lawyer pals.)

The lawyers who found me guilty of misconduct of course knew what I should have known:

If you expect a judicial complaint to be taken seriously, you live in a world of illusion and delusion.

The attorneys who found me to be unethical for complaining about an unethical judge, practice before the very judge about whom I had complained. They knew there was no actual issue to be decided when it came to either punishing an officer of the federal courts for fling a truthful complaint about a judge versus stating, candidly and honestly, that the judge had done what I said he had done. 

I discovered, at the cost of my law licenses, in three states (Louisiana, Hawaii, Maryland), that no one associated with the legal system is going to criticize a federal district judge for flouting the judicial complaint rules. Why not? Those rules are not enforced by the Circuit Judges who are theoretically supposed to supervise the conduct of the judges below. The Circuit Judges set the tone and it is a very low tone. Inaudible. 

I was reminded of all this when I opened that file and found my “congratulations” letter together with my certificate of admission. I won’t be needing these items any more and don’t need to be surprised by them again. I put them in another file – a round one.           
   

Wednesday, September 8, 2010

JUDICIAL AND LEGAL ETHICS IN MARYLAND: HOW LOW CAN YOU GO?

Who is worthy of greater public condemnation, a lawyer who exchanges sex for a controlled substance or a lawyer who complains, truthfully, about the misconduct of a federal judge? 

Well, what you think doesn't matter. What matters is what the judges think. 

In Maryland, the judiciary, by a large margin, prefers the sexual predator with a law license to the honest lawyer, who files a formal complaint about a judge.

The sexual predator get a little frown from the judges, while the honest lawyer, who complains about the misconduct of a federal judge, gets to pick another profession. 

Arguably (as lawyers like to say) a Maryland attorney ought never to lose his/her law license, for making a truthful complaint about a federal judge. 

Arguably. But honesty is not the big deal you might expect it to be to the Maryland judiciary.

An attorney who does complain - about a federal judge who (1) ignores procedural rules to benefit his former law partners (2) takes money gifts from litigators (3) violates the federal judicial complaint rules and the Canons of Judicial Ethics and (4) is in business with lawyers in his court - a lawyer who objects to all this ought to be protected - if not congratulated - for coming forward. Arguably, but never mind. 

The Judicial apparatus in Maryland did not like the fact that I complained - truthfully - about the misconduct of a federal judge. My punishment  - 18 months suspended law license.

In fact, my suspension amounts to a disbarment. I am not going to apologize to Chief Judge Bell for coming forward as I did. I am not going to promise, from now on, to look the other way.

Judge Bell ought to apologize to me and restore my license - after admitting that I was telling the truth about the federal judge. But that is not the way our judicial system works.  

Strict adherence to the factual record takes a back seat, in Maryland, to another judicial value: protection of a miscreant judicial colleague - a fellow jurist who ignores the ethical strictures that are supposed to protect the interests of petitioners and attorneys, alike.  

The judge about whom I complained ought to have been investigated and replaced. My clients should have been protected from such a "judge." But Judge Bell and his employees among the disciplinary counsel could not even bring themselves to admit I was telling the truth. That sort of truth-telling is an embarrassment to Judge Bell. 

Never mind. Experience is wisdom. I am now wise to the bright line rule that governs judicial complaints in Maryland: the judges cover for each other. They prefer to destroy the career of an officer of their own court, than admit that a federal judge is a miscreant who ignores his serious ethical obligations.   http://www.courts.state.md.us/attygrievance/sanctions08.html

Never mind and beware. 

Beware the sexual predator who is allowed to hang on to his law license after a little bitty Oh My, from the be-robed solons who run the judiciary in Maryland.

In Maryland, a lawyer who forces himself sexually on someone in exchange for a controlled drug is viewed in a much kinder light than a lawyer who complains - truthfully - about a judge-on-the-take. 

The soft light glows ever softer the second time around; this attorney had been suspended "briefly" (Baltimore Sun May 18, 2010) once before for sexual misconduct with a client.  

The sort of lawyer - two-times a predator - who coerce sex-for-drugs earns a 60 day suspension. Then it's back to 'business' as usual in the Maryland courts. http://mdcourts.gov/opinions/coa/2010/2a09ag.pdf

Disgusting?  But as legal as can be. 

Get sex for drugs or have sexual contact with a client if you can. But if you are an officer of he court, don't complain about a judge. Then, you are really going to be in trouble with the other judges.

In Maryland, judicial ethics and legal ethics are like the game of limbo: how low can you go?  

(Also posted at MARYLAND, MY MARYLAND)