AI chatbot can pass national lawyer ethics exam; Reuters, November 16, 2023

Karen Sloan, Reuters ; AI chatbot can pass national lawyer ethics exam

"Popular AI chatbot GPT-4 outperforms most aspiring lawyers on the legal ethics exam required by nearly every state in order to practice law, a new study has found.

GPT-4 answered 74% of the questions correctly on a simulated Multistate Professional Responsibility Exam (MPRE), compared with an estimated 68% average among human test takers nationwide, according to a report released on Thursday by LegalOn Technologies — which sells AI software that reviews contracts...

A spokesperson for the National Conference of Bar Examiners, which develops the MPRE, said that it could not assess the LegalOn report's claims that GPT-4 can pass its ethics test.

"The legal profession is always evolving in its use of technology, and will continue to do so," said National Conference spokesperson Sophie Martin. She added that "attorneys have a unique set of skills that AI cannot currently match."...

“This research demonstrates for the first time that top-performing generative AI models can apply black-letter ethical rules as effectively as aspiring lawyers,” the study reads."

Why the Supreme Court’s wasted time on ethics may cost it; CNN, November 1, 2023

Joan Biskupic, CNN; Why the Supreme Court’s wasted time on ethics may cost it

"Supreme Court justices, who have infinite power over American lives, have continually resisted calls for greater accountability in a formal code of conduct.

Some justices recently signaled that they might be ready to adopt a binding ethics code. But their record of inaction reflects the difficulty of compromise among the nine and suggests any real change may not come at their own hand.

The delay has had consequences.

Senate Judiciary Committee Democrats plan to authorize subpoenas for three wealthy conservatives, including real estate magnate Harlan Crow, who has provided luxury travel and other gifts to Justice Clarence Thomas."

Clarence Thomas' recusal on 'frivolous' January 6 appeal is a 'low-stakes' opportunity for him to fight ethics allegations, Supreme Court expert says; Insider, October 2, 2023

Erin Snodgrass , Insider ; Clarence Thomas' recusal on 'frivolous' January 6 appeal is a 'low-stakes' opportunity for him to fight ethics allegations, Supreme Court expert says

"His apparent about-face on Monday suggests the increased scrutiny over his ethical conduct may be having a tangible effect on his judicial career, Scott Lemieux, a professor of political science at the University of Washington and an expert in constitutional law, told Insider.

"The fact that he didn't recuse himself in previous cases involving the 2020 election makes it hard to imagine these recent stories aren't playing a role here," he told Insider...

Regardless of his reasons, Thomas ultimately did the right thing in recusing himself from the Eastman appeal, Lemieux said.

"The justices have to be convinced if they do unethical things, it will hurt the legitimacy of the Supreme Court," he said."

Clarence Thomas Secretly Participated in Koch Network Donor Events; ProPublica, September 22, 2023

 Joshua Kaplan, Justin Elliott  Alex Mierjeski, ProPublica ; Clarence Thomas Secretly Participated in Koch Network Donor Events

"The code of conduct for the federal judiciary lays out rules designed to preserve judges’ impartiality and independence, which it calls “indispensable to justice in our society.” The code specifically prohibits both political activity and participation in fundraising. Judges are advised, for instance, not to “associate themselves” with any group “publicly identified with controversial legal, social, or political positions.”

But the code of conduct only applies to the lower courts. At the Supreme Court, justices decide what’s appropriate for themselves.

“I can’t imagine — it takes my breath away, frankly — that he would go to a Koch network event for donors,” said John E. Jones III, a retired federal judge appointed by President George W. Bush. Jones said that if he had gone to a Koch summit as a district court judge, “I’d have gotten a letter that would’ve commenced a disciplinary proceeding.”

“What you’re seeing is a slow creep toward unethical behavior. Do it if you can get away with it,” Jones said."

Ron DeSantis’ ethics chair either has to give that up or his $400,000 salary as Disney’s administrator, judge rules; Fortune, August 21, 2023

MIKE SCHNEIDER AND THE ASSOCIATED PRESS , Fortune; Ron DeSantis’ ethics chair either has to give that up or his $400,000 salary as Disney’s administrator, judge rules

"The chair of Florida’s ethics commission has an ethics problem, but it’s due to working at The Mouse rather than being a rat.

Glen Gilzean, the new administrator of Walt Disney World’s governing district, can’t continue to work in his new job and chair the Florida Commission on Ethics at the same time since Florida law prohibits public employees from serving as members on the commission, according to a legal opinion issued Thursday...

“Maintaining the public employment is inconsistent with the requirements” of being a commission member, the opinion said."

Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court; ProPublica, June 20, 2023

Justin Elliott, Joshua Kaplan, Alex Mierjeski, ProPublica; Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court

"In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.

Alito did not report the 2008 fishing trip on his annual financial disclosures. By failing to disclose the private jet flight Singer provided, Alito appears to have violated a federal law that requires justices to disclose most gifts, according to ethics law experts.

Experts said they could not identify an instance of a justice ruling on a case after receiving an expensive gift paid for by one of the parties."

Quid Pro Crow; Slate, April 14, 2023

DAHLIA LITHWICK AND MARK JOSEPH STERN, Slate ; Quid Pro Crow

"What mattered last week and what still matters this week is whether the Crow/Thomas dealings can be seen as classic quid pro quo (or perhaps quid pro Crow) corruption."

Clarence Thomas and the Billionaire; ProPublica, April 6, 2023

Joshua Kaplan, Justin Elliott and Alex Mierjeski, ProPublica; Clarence Thomas and the Billionaire

"For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.

These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said."

Editorial: A code of ethics could help the Supreme Court maintain integrity; Chicago Tribune, May 23, 2022

The Editorial Board , Chicago Tribune; Editorial: A code of ethics could help the Supreme Court maintain integrity

"That integrity can be strengthened if the Supreme Court adopted a code of ethics that would help justices navigate potential instances of undue influence and other judicial tripwires.

Like umpires, the Supreme Court may not be infallible in our democracy but its judgments are final. If justices cannot display independence from outside influences, then perhaps a code of ethics can restore the confidence and trust in the body that as begun to wane among an increasing number of Americans."

After years in committee limbo, a statewide ethics code is finally adopted in Vermont; VTDigger, May 4, 2022

Sarah Mearhoff , VTDigger; After years in committee limbo, a statewide ethics code is finally adopted in Vermont

"Gov. Phil Scott signed into law Vermont’s first-ever statewide code of ethics for public officials on Tuesday, putting to rest a yearslong debate in the Statehouse and bringing Vermont in line with a majority of other states.

S.171 establishes a baseline code of ethics for public officials in the legislative, executive and judiciary branches of state government. It sets boundaries around conflicts of interest, preferential treatment, gifts, outside employment, the use of state employment for personal gain and more. It also protects whistleblowers from retaliation.

Upon signing the bill, Scott said in a statement Tuesday that it “takes a positive step towards ensuring public trust in their elected officials.”"

Wake County Library Makes It Harder to Ban Books; IndyWeek, March 16, 2022

Jasmine Gallup, IndyWeek; Wake County Library Makes It Harder to Ban Books

"Wake County’s Community Services program manager Frank Cope replied that if a book was challenged on the grounds of “obscenity” or another First Amendment concern, the library would consult the county attorney’s office. Leaders plan to add a provision to the policy clarifying how and when a lawyer will be involved in book challenges.

The American Library Association advises that libraries have a lawyer on retainer to consult on legal issues, Caldwell-Stone says. But there are some potential snags in using the county attorney to fill that role.

“There’s a conflict of interest, especially when there are elected officials arguing a book should be pulled and you have the county attorney make a decision,” Caldwell-Stone says. “It should be independent legal counsel that doesn’t also represent the police department and the county government.”"

Vermont is one of five states without a statutory code of ethics. A bill in the Senate seeks to change that; Vermont Public Radio (VPR), March 8, 2022

Peter Hirschfeld, Vermont Public Radio (VPR); Vermont is one of five states without a statutory code of ethics. A bill in the Senate seeks to change that

"Last month, a federal judge unsealed documents that showed former Gov. Peter Shumlin had accepted gifts and favors from the man who perpetrated the massive EB-5 fraud in the Northeast Kingdom.

Those documents, first covered by VTDigger, reveal that Shumlin’s aides flagged the favors — including free stays in a luxury New York City condominium — as a potential “problem.”

Shumlin’s general counsel, however, advised they needn’t be concerned from a legal perspective at least, because, according to an FBI summary of those conversations, “the state of Vermont does not have a statute regarding gifts, or a requirement for such disclosures.”

Vermont is one of only five states in the country without a statutory code of ethics."

North Dakota ethics panel looks for input on conflict of interest rules; The Bismarck Tribune, January 26, 2022

JACK DURA , The Bismarck Tribune; North Dakota ethics panel looks for input on conflict of interest rules

"North Dakota's Ethics Commission plans to hear public feedback next month on its revised draft rules for conflicts of interest.

The five-member, voter-approved panel met Wednesday to review the proposed rules for disclosure of conflicts of interest, including for state officials involved in "quasi-judicial" proceedings, such as members of the state Industrial Commission and the Public Service Commission.

Much of the panel's discussion focused on what level, if any, of a campaign contribution might create a conflict of interest or appearance of bias for a public official."

New York City mayor can hire brother, but only for $1, ethics board says; Reuters, January 27, 2022

Dan Whitcomb, Reuters; New York City mayor can hire brother, but only for $1, ethics board says

"A New York City ethics panel has agreed that Mayor Eric Adams can hire his brother as a senior security adviser, but only at $1 per year and with no power over department personnel.

The decision by the New York City Conflicts of Interest Board, made public on Thursday, follows an uproar that erupted after Adams sought to hire his younger brother Bernard as a deputy police commissioner at a yearly salary of $240,000."

Serious questions remain about the ethics code for new appellate court; The Exponent Telegram, January 16, 2022

David McMahon, The Exponent Telegram; Serious questions remain about the ethics code for new appellate court

"West Virginia’s newest court is set to open its doors this year, but important questions are still to be determined about an ethics code for its judges.

Proposed by legislators in early 2021 and signed into law by Governor Jim Justice soon after, the West Virginia Intermediate Court of Appeals is speeding towards its July start date.

Key among the rules by which it will operate are requirements for situations in which justices must decide whether to remove themselves from a case because of the potential for bias or a personal connection to a litigant or the case."

Supreme Court Chief Justice John Roberts gives an incomplete history lesson on judicial ethics; NBC News, January 4, 2022

Steven Lubet, Williams Memorial Professor at the Northwestern University Pritzker School of Law, NBC News ; Supreme Court Chief Justice John Roberts gives an incomplete history lesson on judicial ethics

In his end of the year report, Roberts' argument for the court's independence from oversight omitted a key part of its history.

"His comments come amid increased calls for the Supreme Court to be subject to a code of ethics, like all other U.S. courts. As chief justice, though, Roberts has consistently defended the court’s refusal to adopt one, rejecting all suggestions of congressional or other oversight. His referring to Taft’s support for judicial independence seems to bolster that argument. But the story Roberts presented is oddly incomplete, omitting a crucial aspect of Taft’s legacy: Taft also believed that judges should be accountable for their conduct according to ethical standards developed outside the judiciary – a proposition that Roberts has politely but firmly rejected...

Another financial scandal, resulting in the resignation of Supreme Court Justice Abe Fortas in 1969, spurred the ABA to re-examine the by-then-antiquated canons. The ABA promulgated the much-strengthened Code of Judicial Conduct in 1972. The Judicial Conference of the United States, with authority over the lower federal courts, officially adopted the code in 1973, as did every state judiciary in the following years. Though the code itself doesn’t include penalties, violations can lead to discipline in some circumstances.

That progress stopped at the Supreme Court steps. The Supreme Court has declined for over 50 years to adopt the Judicial Conference code, or any other, making it the only court in the U.S.without a formal set of ethics rules."

New York mayor Eric Adams faces nepotism claim over job for brother; The Guardian, January 9, 2022

Edward Helmore , The Guardian; New York mayor Eric Adams faces nepotism claim over job for brother

"Adams is a retired [sic] NYD officer. So is his brother, Bernard Adams, who most recently worked as assistant director of operations for parking and transportation at the medical campus of Virginia Commonwealth University but has now been appointed as deputy police commissioner with a $240,000-a-year salary. The move has exposed the mayor to accusations of nepotism.

Susan Lerner, executive director of Common Cause New York, a good governance group, told City & State: “New Yorkers expect that public servants are hired based on their unique qualifications and not because they are the mayor’s brother.”

Lerner said the approval of the city conflict of interest board would be required, but “even with a waiver, the appointment of the mayor’s close relative does not inspire public confidence”.

On CNN, Adams said the board would “make the determination and we have a great system here in the city”.

“But let me be clear on this. My brother is qualified for the position. Number one, he will be in charge of my security, which is extremely important to me in a time when we see an increase in white supremacy and hate crimes. I have to take my security in a very serious way.""

In a year-end report, Chief Justice John Roberts emphasizes judicial ethics; NPR, December 31, 2021

ERIC MCDANIEL , NPR; In a year-end report, Chief Justice John Roberts emphasizes judicial ethics

"U.S. courts need to do more to ensure compliance with ethics rules — including rules that preclude a judge from presiding over cases in which he or she has a financial interest, Chief Justice John Roberts says in a year-end report on the federal judiciary.

Roberts was responding, in part, to an investigation by The Wall Street Journal which found that between 2010 and 2018, 131 federal judges ruled in cases involving companies in which they or their families owned shares of stock. 

Roberts said that while those amount to "less than three hundredths of one percent of the 2.5 million civil cases filed in the district courts" during that period, the federal judiciary must take the matter seriously.

"We are duty-bound to strive for 100% compliance because public trust is essential, not incidental, to our function," he wrote."

CNN suspends Chris Cuomo ‘indefinitely’ after documents detail help he gave his brother; The Washington Post, November 30, 2021

Sarah Ellison

 and 

Jeremy Barr

 

, The Washington Post;  CNN suspends Chris Cuomo ‘indefinitely’ after documents detail help he gave his brother

"News organizations typically try to maintain clear boundaries between journalists and newsmakers, in an effort to maintain their independence. It’s considered a breach of ethics for a journalist — including those who engage primarily in giving their opinions — to support a source or public official, whether financially or in an advisory role."

Facebook whistleblower revealed on '60 Minutes,' says the company prioritized profit over public good; CNN, October 4, 2021

Clare Duffy , CNN; Facebook whistleblower revealed on '60 Minutes,' says the company prioritized profit over public good

"The thing I saw at Facebook over and over again was there were conflicts of interest between what was good for the public and what was good for Facebook, and Facebook over and over again chose to optimize for its own interests, like making more money," Haugen told "60 Minutes." 

"60 Minutes" correspondent Scott Pelly quoted one internal Facebook (FB) document as saying: "We have evidence from a variety of sources that hate speech, divisive political speech and misinformation on Facebook and the family of apps are affecting societies around the world.""