LER No. 73 - Prosecutor Ethics & Sex-Shaming, Lawyer Discipline & Public Records, New Gen AI Sandbox Launched, "Where Were the Lawyers?"& More (01.27.25)
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
Welcome
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Last week delivered an overwhelming amount of news demonstrating how the ethics of lawyers and judges are at the heart of our democracy. Ten brief highlights are summarized below.
Next week we’ll take a deeper dive — keep an eye out for February’s “First Monday” edition of the Legal Ethics Roundup.
If you need a break from the news but like cute dog photos, scroll directly to the end for a shot of my labradoodle Rilke and her reading recommendation! 🐾📚 (Did you know studies show that five minutes of looking at pictures of dogs improves your sense of well-being as well as your focus and attention?)
Highlights from Last Week - Top Ten Headlines
#1 SCOTUS Questions Prosecutor Ethics/Sex-Shaming. From the New York Times: “The Supreme Court on Tuesday gave the only woman on death row in Oklahoma a fresh opportunity to challenge her sentence and conviction, saying that prosecutors may have violated her right to a fair trial by introducing lurid evidence about her sexual activities. The woman, Brenda Andrew, was convicted of murdering her husband. Her trial was tainted, the majority said in an unsigned opinion, by ‘evidence about Andrew’s sex life and about her failings as a mother and wife.’ … The Supreme Court sent the case back to a federal appeals court for a new look. ‘The ultimate question,’ the majority wrote, quoting an earlier opinion, ‘is whether a fair-minded jurist could disagree that the evidence so infected the trial with unfairness as to render the resulting conviction or sentence a denial of due process.’” Read more here (gift link).
#2 “Where Were the Lawyers?” From Bloomberg Law: “A cornerstone of President Donald Trump’s bid to reshape the US immigration system has run into an early roadblock: an octogenarian federal judge in Seattle. In just 24 hours, John Coughenour, a US district judge appointed by Ronald Reagan, has emerged as a celebrity among opponents of the new president’s agenda. The 83-year-old jurist, who stopped riding his Harley-Davidson just a few years ago at the urging of his wife, has long been known for directing tough questions at lawyers arguing cases in his courtroom. Coughenour’s probing, no-nonsense style was on full display Thursday in one of the highest-profile cases of his four-decades on the bench. … He expressed concern not just the over the merits of Trump’s executive order, but also about the Justice Department’s defense of it. During Thursday’s hearing, Coughenour questioned how any attorney could defend an order that so ‘blatantly’ violated the 14th amendment. ‘Where were the lawyers when this decision was being made?’ he asked. ‘It just boggles my mind.’” Read more here.
#3 “Texas State Bar Seeks to Dismiss its Lawsuit Against Ken Paxton for Challenging 2020 Presidential Election.” From the Texas Tribune: “The State Bar of Texas on Wednesday moved to drop its lawsuit against Attorney General Ken Paxton for his attempt to overturn the results of the 2020 presidential election, extending a cascade of legal and political wins for the once-embattled Republican leader.” Read more here.
#4 “The Washington Lawyers Who Suddenly Love Trump.” From Michael A. Fragoso in the Wall Street Journal: “The same legal elite that refused to work with the previous Trump administration are now alerting the press that they have the necessary expertise to work with the next Trump administration. Lawyers are nothing if not bold.” Read more here (gift link).
#5 “To Gain a Court Seat, Republicans Seek to Throw out Thousands of Votes.” From the Washington Post: “Most elections are decided at the ballot box. This one may be decided in court — by the very justices who will sit alongside whoever is ultimately declared the winner.” Read more here (gift link).
#6 DEI, Professional Conduct Rules, Bar Associations. From Reuters: “Two major U.S. state bar associations have pushed back after President Donald Trump took aim at efforts to promote more diversity in the legal profession. Trump in an executive order on Tuesday included state and local bar associations as targets for federal civil probes into private-sector diversity, equity and inclusion programs that may ‘constitute illegal discrimination or preferences,’ along with medical associations, publicly traded companies and major nonprofits and universities.” Read more here.
#7 “Ex-National Bar Association President Removed from Bench for 'Racially Charged' Comments About Justice System.” From the ABA Journal: “A former National Bar Association president has been permanently removed from the bench for online and television comments about racial injustice and the need for more Black lawyers and judges. In a Jan. 16 opinion, the Mississippi Supreme Court banned 2021-2022 NBA President Carlos Moore from the bench for ‘racially charged’ comments ‘aimed at creating public distrust in the judiciary and its ability to be impartial.’ … A dissenting justice argued that Moore’s statements were ‘discussions of broad public importance at best and ambiguous at worst.’ As a result, he would find them to be protected by the First Amendment, and he would dismiss the complaint.” Read more here.
#8 “RFK Jr.’s Trial-Lawyer Ethics.” From Kimberley A. Strassel in the Wall Street Journal: “He plans to regulate via lawsuit if he’s confirmed at HHS.” Read more here.
#9 Is a Lawyer Disciplinary Board a Public Body? From the Iowa Capital Dispatch: “Lawyers for the State of Iowa are asking a judge to dismiss a public-records lawsuit by arguing the Iowa Supreme Court’s Attorney Disciplinary Board is not a public body that’s subject to the Open Records Law. The lawsuit was filed in Polk County District Court last year by Robert Teig, who spent 32 years with the U.S. Attorney’s Office in the Northern District of Iowa before his retirement in April 2011. Named as defendants are the Iowa Judicial Branch, the state’s Attorney Disciplinary Board, the Iowa Office of Professional Regulation, and several individuals responsible for administering those entities.” Read more here.
#10 The Law Profs’ Gen AI Sandbox Released. Law professors Will Monroe (LSU), Tracy Norton (LSU), and Susan Tanner (Louisville) have launched their “Law Profs’ AI Sandbox.” It is described as “a comprehensive, evolving resource designed to empower law professors in the age of generative AI. Whether you're new to this technology or already integrating it into your teaching, the sandbox offers tailored guidance to help you explore how AI can enhance your instruction and support your students' success.” The project is supported by an Association of Legal Writing Directors Teaching Grant. Soon they will be adding ethics guidelines for navigating AI’s complexities in legal education and practice. Explore the Sandbox here.
As promised, here’s Rilke. (Yes, she’s named after the poet Rainer Maria Rilke. His words “live the questions now” sum up how we decided to make her part of the family. And they are the motto for how I navigate life.)
Where’s the Rest of the Roundup?
Revisit the “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, analysis, reforms watch, jobs, events, and much more.
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