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Recent Blog Posts
Fake Edmund Burke Was Wrong
Some folks like to "quote" Edmund Burke on evil:
The only thing necessary for the triumph of evil is for good men to do nothing.
Aside from the fact that the quote is quite bogus (see the link), it's wrong. In order for evil to triumph, it is not sufficient that good people not act; they must must cooperate. There aren't enough evil people in the world to overcome the good people without their active help. No evil was ever more than transitory without the positive involvment of good people. The Third Reich would, without the participation of ordinary non-evil folks, have gone no further than beer-hall ranting; Stalin, without the help of misguided people of good will, might have killed hundreds, or maybe tens, instead of millions.
Prosecutors love to pull out the tired fake quote in closing argument, but even when they are dealing with evil (99% of the time they are not) it's a stupid thing to say.
New Podcast: Interview with Jim Belanger
Today, in my second podcast, I interviewed Phoenix white-collar defense lawyer Jim Belanger about the goings-on in Maricopa County with County Attorney Andrew Thomas, Sheriff Joe Arpaio, and lawyers rallying in front of the courthouse.
This Might Cost Him the Chosen Vote
Harris County Civil Court at Law Number 1 Judge R. Jack Cagle sent out this Christmas card, paid for with campaign funds:
Proselytizing the lawyers who appear before you: Grievable? Probably not. Contemptible? Absolutely. Recusable? I'm betting we'll find out.
That's What They're Paying Him For, For One Thing
"Her character is irrelevant," Androphy said. "The fact that he met with her, the fact that he's a judge in the court, she was a defendant on trial and they were planning to go out and potentially engage in a sexual affair makes him guilty. Period."
That's Houston criminal-defense lawyer, and ABC affiliate KTRK-13's legal commentator, Joel Androphy, on Judge Donald Jackson's prosecution.
Joel was my white-collar crime professor 15 years ago in law school. The first real criminal trial I ever watched was one that he tried (against Jay Hileman in Judge Mary Bacon's court; it was a murder with a.410 shotgun; the defendant got 15 years, if I remember that part correctly). He's a really smart lawyer.
It's not hard to figure out what the State has to prove in Judge Jackson's case. The State has to prove what it alleged in the indictment. The State has alleged, and must prove beyond a reasonable doubt, that Judge Jackson
subjected Ariana Venegas to unwelcome sexual advances, an unwelcome request for sexual favors, or unwelcome verbal conduct of a sexual nature,
Maybe We Can Fix It At The Auto De Fe
Nobody could possibly have predicted way back in August that Pat Lykos's failure to seek outside counsel to prosecute Don Jackson, a misdemeanor judge before whom she had appeared (through her assistants) every court day since January, and before whom she may have to appear again every court day until one of them leaves office, would cause a problem. Well, almost nobody.During the bit of trial that I watched (and tweeted) this week, there was some evidence that the prosecutor who made the decision to prosecute Judge Jackson had not gotten along well with him when she was assigned to his court-that in fact he had asked the DA to move her to a different court. That made it look like Judge Jackson's prosecution might be motivated by personal animus.
Now the defense has discovered that Lance Long, who is prosecuting Judge Jackson, signed a petition for Judge Jackson's opponent in the upcoming judicial elections, which kicks things up a notch from personal to political animus.
Does Daniel Barrera Want To Ruin Defendants' Lives?
If he does, the State Bar doesn't mind.
First, a story: the Texas Legislature amended section 38.12 of the Texas Penal Code, entitled, "Barratry and Solicitation of Professional Employment," in September. The former statute had been held unconstitutional by Judge David Hittner in Moore v. Morales, John Cornyn had opined formally as Texas AG that the prohibition on direct mail solicitations was unconstitutional, and the new statute did not change in any way that would correct the unconstitutionality. In fact, the change to the statute was not material-"sends" and "addresses" became "provides" and "communication" became "communication or solicitation."
Houston "letter lawyers"-those criminal-defense lawyers who depend for their livelihood on reaching out to the ignorant in their homes with scary language and vague promises-freaked out. They ran in circles, screamed and shouted. The point? They don't seem to have much understanding of how the law works. These letter lawyers are not, as a rule, the sharpest tools in the criminal defense shed.
Bringing the Light to Maricopa
For millennia people have beaten drums, rung bells, and lit bonfires on the Winter Solstice to frighten away the darkness. Maricopa County, Arizona has been suffering from a darkness in which the evil of tyranny thrives; in a 21st Century revisitation of ancient traditions, The Lawyers Of Maricopa County Announce A December 21st Rally against Maricopa County Attorney Andy Thomas (Miami criminal-defense lawyer Brian Tannebaum):
On December 21, 1946, the United States Supreme Court reversed the conviction of Irene Morgan for refusing to give up her seat on a bus in violation of Virginia's segregation law. This is just one example of the courage of one person standing up against power wielded with evil, unjust, and self-serving intent. I personally do not plan on sitting down any more in the face of this incompetent, thin thinking, petty little tyrant. On Monday, December 21, 2009, at 12:15 p.m., I would like to rally as many people as we can to the patio in front of the Central Court Building to protest the illegitimate, despicable, and cowardly actions of Andy Thomas and to demand that he be suspended from the State Bar of Arizona. Please circulate this email to as many people as you see fit. (I am not the author of the e-mail but I am passing this on and I will be there. I wanted to let those of you who have written to me about your sympathies for our troubles here in Maricopa County that we are not sitting around anymore.)Denise M. Quinterri
Why Do Maricopa County's Voters Hate the Constitution?
In response to Why Maricopa County Matters, in which I wrote,
Sheriff Joe is what we get when we leave our form of government, rather than just the people serving us in it, up to the scared white Republicans. His conduct, and his reelections, are proof that the voters of Maricopa County do not love the Constitution.
an anonymous commenter wrote:
He is an elected official and people vote for him every time. Even I have. He is one of the few who make the justice system what it should be. $20,000 a year to house a federal inmate; more people in the real world earn less to make a living and are law abiding citizens. What is wrong with this picture? If you're on your third DUI, you should be in a tent, with only water in the Arizona heat. You deserve to eat (and it is all edible, it just doesn't taste good) green bologna, mealy apples, etc. Prison should not be easier than living in society. It's supposed to be difficult and make you realize you don't want to come back. Not realize, "hey, it's okay if I go back, at least they feed me in prison, give me hair cuts, and keep me warm."
The First Annual Bloggers' Best Awards
If you have a blog and agree that blog popularity contest are jokes, please join me at Social Media Tyro in choosing the best law blogs of 2009, and spread the word.
Thank you.
Recent Maricopa County Blog Posts (Updated)
Criminal Defense (Florida): Maricopa County: An American Embarrassment
Gamso – For the Defense (Ohio): Sheriff Joe and the Second Amendment
People v. State: Sheriff Joe Arpaio almost attends fundraiser in Elkhart County...
The Agitator: Update in Maricopa County
Simple Justice (New York): Maricopa: The Counter Attack Continues
Emptywheel » Arpaio And Thomas: The Most Unethical Sheriff And...
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