They were so enthralled that you would have thought the ABA added ten new paying members, but it was only that a second state adopted the ABA’s social justice Model Rule 8.4(g).

Maine is the second state to adopt Rule 8.4(g) of the ABA Model Rules of Professional Conduct, according to Bloomberg Law. Vermont was the first.

Maine’s Supreme Judicial Court adopted the new rule, which takes effect June 1. It differs slightly from the ABA model rule, according to Bloomberg Law.

“Slightly” does a lot of work here, as the word “significantly” must have had more letters than the ABA could afford. There is a reason the rule has been shunned and rejected, so naturally the brave scolds of the ABA learned their lesson, right? Continue reading →

Mario’s ugliest son can moral grandstand with the best of them, particularly when it ends up with people going to prison as long as they’re the “right” people. But as governor, Andy Cuomo has proven himself as niggardly as possible.

Friday turned out to be the day some New York State prisoners saw their dreams come true in the form of mercy from Governor Andrew Cuomo.

The governor used his executive clemency powers to commute the sentences of two convicted criminals, and grant pardons to nine others.

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One of the weird things about having been around the blawgosphere for a long time is that you know people from back when, and people who stumbled onto the internet later can’t understand how friendships came about given their current impressions of personas. I’ve been friends with Mike Cernovich since his blawg Crime & Federalism, long before his Gorilla fame on twitter.

On the other end of the spectrum, there’s Elie Mystal, who found his way onto Above the Law back when it was funny and relevant by winning ATL Idol. The commentariat there spent a good deal of time kicking Elie in the butt, as he (like me) became renowned for his typos, and I came to Elie’s defense for two reasons. First, he was brutally smart and hysterically funny. Second, I like Elie and he was a friend. Continue reading →

The history of the alcohol breathalyzer is a sordid affair. From the secret sauce of proprietary source codes to the magic number of blood alcohol concentration, it’s primarily a victory of Mothers Against Drunk Driving using anecdotes of tragic deaths of children to sway a nation to believe in the syllogism: something must be done. And so it was, vilifying drunk driving as inchoate murder, at best, and putting a lot of otherwise law-abiding people in the docks, if not prison, along with all the consequences for them and their families.

Aside from criminal defense lawyers, no one cried for the drunk drivers. Even if they weren’t really drunk drivers, but no one cared enough to parse that nuance. When it comes to criminal law and anecdotal tragedies, we love to cherry pick between those we favor and those we don’t, even if it changes from time to time as the winds of feelings blow. Continue reading →

The post is, after its intro, a dive down a rabbit hole that is guaranteed to kill brain cells, but it makes an interesting point up front.

We call them SJWs (social justice warriors) and fight against their attempt to take over pop culture and dictate public opinion. It proved to be an arduous task, mainly because so many of the general public are ‘passive regressives’: they buy into the pretense of SJWs to fight for social justice, so they blindly take their side even though they do not share their regressive values.

Putting aside the hyperbole, there is merit to the notion that many people who believe in equality, who believe in “justice,” tend to align themselves with progressives. After all, if you aren’t against equality, aren’t against “justice,” and surely are against Trump, what else can you possibly be? Continue reading →

Marches are fun and cool, and have been for generations, even though they accomplish no more than an opportunity to wear one’s finest pink knitted cap. But the New York Times lauds a unity march in New York against Anti-Semitism to show the “true spirit of New York.” Its use of the word “true” is a curious device, as reflected in these comments to the editorial.

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Not every mass murder, violent racist attack or even run-of-the-mill street crime can be attributed to mental illness, but a lot of them can. It’s hard to divine whether the crime is driven by mental illness or just that being driven by hatred and mental illness prevents that thing in one’s head that stops a person from acting upon one’s worst feelings. Either way, mental illness plays a significant role in crimes, some horrific and tragic and some banal, except to the victim.

But while we recognize this, it’s become almost impossible to do anything useful about it.

The Rev. Wendy Paige, the pastor for the man charged in the Monsey attack, noted that he had battled with mental illness for two decades and had been diagnosed with schizophrenia. “There hasn’t been anyone who has given a real solution to deal with a grown man who is dealing with schizophrenia, other than ‘Go home and call us if something happens.’” Failing to treat individuals with documented mental health issues is not an acceptable solution.

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In all the years I’ve practiced criminal law, no one has ever called me because they want to be on a jury. Sure, I’ve gotten tons of calls from people who got called for jury service and want out, to which I give my talk about the importance of jury duty and how it might be an unpleasant use of time, but it’s critical that good people be willing to serve. They suddenly have something better to do with their time than talk to me on the phone. Go figure.

California has proposed a new law to eliminate the prohibition of people with felony convictions from serving on a jury, as if they don’t already have enough problems.

The legislation will restore the right to serve on a jury for people convicted of felonies who are not serving time in prison, on parole or under supervision beginning Jan. 1. But it excludes people who register as a sex offender because of a felony conviction.

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Sure, I get my say, but only because this is my blog. And now is your chance to get yours. This is essentially an open thread, so knock yourself out, get it off your chest, beat me up, whatever is in there that’s been yearning to breathe free.

And let’s not get all smarmy or mushy, please. Yeah, yeah, happy new year everyone. There, it’s said. Move on. Continue reading →

The end of a year, and a decade, tends to be a time for reflection. There’s no logical reason for it. It’s just another day, the same as any other day, but there is a sentimental division in time that makes us feel that it’s ripe for reflection. I admit to succumbing to the sentiment, just this one time.

Unlike Judge Kopf, I won’t do a reverse listicle (not that there’s anything wrong with that). They’re not my thing. Nor will I tell you my personal feelings about things that made me laugh, happy, crazy or sad. We all have our own lives, experiences, and mine are no more interesting or valuable than yours.

But a point that Judge Kopf has made many times is to ask ourselves the question, as we get older, whether we’ve reached the point of irrelevance. Have younger voices taken over? Have we lost touch with what’s happening in the world, dwelling on the past while the new world is swirling around us? Does anybody care what we think, what we have to say, anymore? Continue reading →