LER No. 65 - Former Senator Loses Law License, Gov Ethics Czar Confirmed, the Ethics of FedSoc Debates on Judges' Ethics, CO A2J Listening Tour, (Lack of) Future SCOTUS Ethics Reform & More (11.18.24)
The Legal Ethics Roundup - your Monday morning tour of all things related to lawyer and judicial ethics with University of Houston law professor Renee Knake Jefferson
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Highlights from Last Week - Top Ten Headlines
#1 Cummings Wins the Prestigious Zacharias Prize for Scholarship in Legal Ethics; Engstrom & Stone Receive Honorable Mention. Did you miss the announcement in last week’s LER Bonus Content Post? If so, check out the prize-winning articles and an exclusive Q&A with Scott Cummings (UCLA) here.
#2 Another Lawyer-Politician Sees Law License Suspended. “Disgraced former US Sen. Robert Menendez (D-N.J.) has been temporarily suspended from practicing law by the New Jersey Supreme Court. The state’s highest court suspended Menendez from the practice of law in the New Jersey courts pending a final resolution of an ethics proceeding, ‘effective immediately and until further order of the Court,’ an Oct. 18 order signed by the clerk of New Jersey Supreme Court, Heather J. Baker, says. The order was witnessed by Chief Justice Stuart Rabner. The Office of Attorney Ethics filed a certification for Menendez’s ‘automatic temporary suspension’ under a state court rule that mandates that lawyers who are found guilty of any ‘serious crime’ in any state or federal court are immediately suspended from practicing law, according to the order.” Read more here.
#3 The Ethics of Civil Debate. From Bloomberg Law: “Federalist Society leader Dean Reuter thanked those who represent liberal views at debates hosted by the conservative legal organization, one day after an appeals court judge confronted a co-panelist Georgetown Law professor over his research on judge-shopping. … Reuter didn’t mention anyone by name, but appeared to be obliquely apologizing for the conduct of Fifth Circuit Judge Edith Jones, who one day earlier had sharply rebuked Georgetown Law professor Stephen Vladeck as the two sat on a panel about independence of the judiciary.” Read more here. And you can judge the exchange yourself by watching below.
#4 Lawyer David Huitema Confirmed as Head of Office of Government Ethics. From the Government Executive: “The Senate on Thursday confirmed President Biden’s nominee to serve as head of the Office of Government Ethics in a 50-46 vote, giving him a term that will last through President-elect Trump’s tenure. David Huitema, currently a State Department ethics official, will now serve in the governmentwide ethics czar role in a five-year term. Senate Democrats sought to prioritize his confirmation in the waning days of the Biden administration and their control of the chamber before Trump’s inauguration, as the former and future president once again brings with him to the Oval Office a bevy of potential conflicts of interest. Bringing Huitema’s role more into the foreground is Trump’s decision to so far refuse to sign agreements with the Biden administration, and the ethics agreements that go with them, that enable a formal presidential transition to take place.” Read more here.
#5 Proposed TX Ethics Opinion on Lawyer Engagement of Nonlawyer-Owned Businesses. From Law360: “A proposed ethics opinion from the State Bar of Texas says lawyers shouldn't pay revenue percentages to nonlawyer-owned businesses that provide legal support services, though attorneys may own equity interests in such companies under certain conditions. The bar's Professional Ethics Committee posted the rule for comment on Friday; the deadline to respond is Jan. 7.” Read more from Law360 here. Download the proposed State Bar of Texas opinion here.
#6 AI & Legal Ethics. From Law360: “As legal professionals continue to use generative artificial intelligence tools in their work, law firms need to reconsider billable hours and how they train associates, legal industry consultant Jordan Furlong said.” Read more here.
#7 CO Launches Access to Justice Listening Tour. From Law360: “Colorado Supreme Court Justice Melissa Hart told a room of attorneys on Wednesday that the state's Access to Justice Commission is preparing a 2025 ‘listen and learn’ tour to solicit ideas on how to better serve Coloradans who struggle to afford legal representation. Justice Hart said that like the 2021 tour, the 2025 tour will be largely online, as previous experience shows it's an efficient way to reach many attorneys and facilitate broad participation, though she also raised the possibility of in-person outreach. The justice also said affordability is a key issue in addressing the ‘justice gap’ of potential clients who earn too much to qualify for legal services yet not enough to pay for representation.” Read more here.
#8 Google Under Fire for Not Preserving Documents and Communications. From the Detroit News: “‘The federal courts in particular have very high expectations about the care and prudence with which corporate America needs to preserve documents,’ said UC Berkeley law school lecturer John Steele, a specialist in legal ethics and professional liability. Federal judges, Steele said, ‘typically want to see commitment from high levels in a company’ that evidence is preserved.” Read more here.
#9 Future SCOTUS Ethics Reform. From Law360: “Advocates are not holding out hope for bills that would firm up a code of ethics for the U.S. Supreme Court, impose term limits on justices or give judiciary employees antidiscrimination job protections, saying Republican control of the federal government will likely stall any progress that's been made with court reform efforts. Last week's election was marked by President-elect Donald Trump's win, but also GOP victory in the Senate and the House of Representatives. That, along with a conservative majority on the Supreme Court, gives one party control of all three branches of government. This trifecta is unlikely to champion court reform initiatives, particularly those seeking to curb the justices' power, according to David Janovsky, a policy analyst for the Constitution Project at the Project on Government Oversight. He said court reform ought to be a nonpartisan issue, since the changes his organization has supported for years, under multiple administrations, are designed to improve the high court, not to steer outcomes.” Read more here.
#10 House Ethics Report Complicates Gaetz AG Nomination. From NPR: “Matt Gaetz resigned from Congress ahead of the release of an ethics report about him but still faces hurdles for confirmation for Attorney General.” Read more here.
Looking for the rest of the regular Roundup? Revisit the fall “Welcome Back Edition” for an explanation of the new format. And keep an eye out for next month’s “First Monday Edition” with reading recommendations, jobs, events, and much more.
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