Sex Scandals

Judge Wade H. McCree

Judge of the Millennium Wade McCree has a special place in our hearts here at Above the Law. The former Wayne County circuit judge had a penchant for disrobing for shirtless selfies and sex in his chambers, and was consequently disrobed by the Michigan Supreme Court.

On Monday, the Sixth Circuit correctly (if you mean “applying the law as it currently exists,” and “incorrectly” if you mean “adopting the better policy”) held that Judge McCree is immune from a civil suit brought by a man McCree slapped with a tether and high child support payments. The man’s complaint is that while Judge McCree was coming down hard on him, Judge McCree was also coming down hard on the child’s mother — specifically sexting her from the bench and carrying on an affair that ultimately ended in an abortion. The man and his lawyer are seeking an appeal to the Supreme Court.

Is absolute judicial immunity a doctrine worth keeping? Probably not…

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Former dean Larry Mitchell

Color me disappointed. The parties have reached a settlement in Ku v. Mitchell. We won’t get to hear trial testimony about a law school dean allegedly propositioning students and staff or trying to set up threesomes on a bed with Chinese silk sheets.

Okay, let’s rewind. Last October, Case Western law professor Raymond Ku filed a lawsuit against former Case dean Lawrence Mitchell and against the university. Ku alleged that he suffered retaliation after reporting to university officials that Mitchell had potentially sexually harassed women at the law school, including employees and students. In the wake of the lawsuit, Mitchell took a leave of absence as dean, then resigned the deanship (but remained on the faculty).

Today brings word of the parties settling the case. What are the terms of the settlement, and what do the parties have to say about it?

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During the final year of law school, those who are about to be handed their degrees are desperately seeking legal jobs of any kind so they can be counted among the few, the proud, the would-be lawyers who are employed at graduation.

Considering how terrible the job market is, those who are lucky enough to find a job are likely do anything they can to keep it. They might even be willing to deal with some “disgusting and grotesque” sexual comments for a while.

But how much is too much? It’s quitting time when the boss starts demanding sexual favors…

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This will probably end badly.

I don’t know what kind of “logic” makes prospective law students think that they’ll all end up in the top five percent of their classes. But I’m pretty sure the same kind of fallacy arises when a male law school graduate thinks that two women want to take him home from a bar and make love to him at the same time.

Maybe it’s not a logical fault. Maybe it’s the old Achilles heel for lawyers; they’re bad at math. Just because something is possible doesn’t make it probable. What’s probable is that the two women intend to rob you (you know, just like most law schools)…

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“I’ve wanted you since the DNA expert voir dire.”

Murder trials are stressful. Most people soldier through it. Some develop quirky regimes to keep their mind clear. Some learn how to breathe better. More just develop solid poker faces. But a pair of court staff members found an alternative method of stress relief: they started boning in court. Or at least in the room adjoining the courtroom.

I guess they weren’t interested in the prosecutor’s summation. This is what happens when you don’t let people keep their smartphones in court. Would a rousing round of 2048 in the courtroom have really been as distracting as a round of 69 right next to it?

Just when you thought Ally McBeal was too far-fetched, something like this comes along….

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She hid her weed… where?!

With profits per partner soaring at some Biglaw firms, partners need to find ways to spend all of their money. Some like fine wine, but others prefer fine women — and that’s usually where all the trouble begins.

Case in point: one prominent partner recently found himself involved in some shady police activity after a woman who claimed she was owed money for “services” was arrested at his home with drugs stashed in her nether regions.

This partner’s bio has since been removed from the law firm’s website. Who is he, which firm does he work for, and what allegedly happened?

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UPDATE (5/17/2014, 6:00 p.m.): This piece proceeds on the premise that “Lisbeth” (the woman on whose behalf the fundraiser and Protecting Lisbeth Facebook page were created) and author of the Thought Catalog essay and Protecting Lisbeth blog are the same person. Though the parties involved currently remain anonymous or pseudonymous, this premise appears to be false. I regret any error or confusion.

In an essay for Thought Catalog called “I Had an Affair with My Hero, A Philosopher Who’s Famous For Being ‘Moral,’” an anonymous graduate student describes her soured romance with a prominent professor from another university and how she learned that he initially hid his history of pursuing other young women. Shortly thereafter, her friend started a campaign to crowd-fund expenses for legal action. They created the pseudonym “Lisbeth” for the essay’s author. Under the heading “Help us sue the school protecting a known rapist,” the fundraiser’s description now reads, “I’m Emma Sloan, Yale 2010. My dear friend is suing the professor who tried to rape her and the university for knowingly protecting him. Thanks to donations from our generous supporters, she can afford the $7000 retainer for a forensic psychiatrist.”

The Chronicle of Higher Education reported on the case. Many within the academic community have joined the fray, whether to champion Lisbeth’s cause, attach it to broader gender equality concerns, express doubts, or simply gossip.

Title IX obligates schools that receive federal funds to address sexual violence or harassment on their campuses. To pursue a grievance or official complaint, the person need not herself be the victim of the alleged discrimination. Someone who claims to be the actual victim of a Title IX violation has the additional right to pursue her claim in private litigation against the university. If she can show that the school was deliberately indifferent despite actual knowledge of the misconduct, she can win injunctive relief or money damages for her injuries. Yale’s Title IX coordinator, Stephanie Spangler, is investigating Lisbeth’s claims.

So, where exactly did this professor’s alleged conduct pass from merely smarmy to worthy of legal sanction?

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In case you’re not aware, law school costs a lot of money. Just one year of legal education can run the average law student more than $50,000. Many, if not most, law students take out loans to cover the costs of law school, but some are lucky enough to have their educations paid for in full by their parents. The students in the latter group are beholden to their parents and can’t run the risk of making them angry, for fear of getting cut off financially.

Of course, today’s incredible tale deals with a law student in her 20s who pissed her parents off so badly that they refused to continue paying for her prestigious law school tuition. This girl did what any law student with cash flow problems would’ve done: she became a prostitute.

This law student cum lady of the night came across some choice clientele, as one of her top johns, a man in his late 60s, was a lawyer at a prominent firm. You can guess what happened next: the lawyerly lovers created a sex contract, and the relationship quickly soured. As it turns out, notwithstanding Fifty Shades of Grey (affiliate link), sex isn’t quite so sexy when it’s wrapped in a condom of legal terms.

The pair ended up suing each other, and now we’ve got a juicy judgment for you to feast your eyes upon…

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David Audlin

In January, we brought you word of a Florida state-court judge who posted a sex ad on Manhunt. We covered the news, first broken by JAAblog, since we are fond of stories about sexy judges. But we did not judge. Instead, Staci Zaretsky wrote of Chief Judge David Audlin, “more power to him if [the photos are] real. Everyone needs to get some, even judges.”

Last week, Judge Audlin resigned from the bench, apparently because of L’Affaire Manhunt. With all due respect to the judge, this strikes me as a bad decision….

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Juan Monteverde and Alexandra Marchuk

The courtroom battle between Alexandra Marchuk and the litigation boutique where she once worked, Faruqi & Faruqi, rages on. As longtime readers will recall, Marchuk alleges that F&F partner Juan Monteverde sexually harassed her, in severe fashion, and that the firm’s leaders ignored his alleged misdeeds.

But no matter who wins in court, it’s possible to argue that the firm is ending up the loser. It has endured extensive bad publicity, and some of the resulting instability has apparently led to lawyer departures.

Who are the latest attorneys to defect from Faruqi & Faruqi?

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