Ed. note: Please welcome Renee Knake Jefferson back to the pages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup, here.
Welcome to what captivates, haunts, inspires, and surprises me every week in the world of legal ethics.
Happy Monday!
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I’ve just returned from Berlin where I spoke at the International Association of Legal Ethics (IAOLE) conference on “The Legal Profession in Times of Rule of Law and Democratic Backsliding.” Hosted by the German Bar Association, the event brought together academics, regulators, activists, lawyers, judges, and more.
On a personal note, the conference presented an opportunity for my husband Wallace B. Jefferson and me to both present on the same panel – a first for us! I discussed my new Michigan Law Review piece “When Lawyers Protest” and he shared insights from his new role as president of the American Law Institute and its collaborations with the European Law Institute.
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You can read more about the other participants here, and organizer Iris van Domselaar (University of Amsterdam) shared a brief re-cap of the conference here. I left the event inspired and hope to carry forward the conversations and collaborations sparked by our time in Berlin. While I won’t make it to the IAOLE’s larger conference in Singapore this December, I encourage you to attend if you can. The deadline to register is July 1 (see here).
Now for your headlines.
Highlights from Last Week – Top 10 Headlines
#1 “‘Retaliatory,’ ‘Misleading,’ ‘Unconstitutional’: Judges’ Criticism Mounts Against Trump Administration.” From CNN: “Inside federal courts across the country, institutional alarm is rising from the bench. Judges are using unusually sharp language to push back against what they see as mounting government attacks on the judiciary and the legal system itself. In the 77 rulings CNN identified, dozens of federal judges appointed by presidents of both parties — including several of President Donald Trump’s appointees — have accused the Trump administration of acting unlawfully, disregarding constitutional limits, retaliating against political opponents and, in some cases, openly defying court orders.” Read more here.
#2 “A Malicious Chapter in the History of American Justice.” From David French in The New York Times: “An unusual tweet caught my eye last week. It was from Josh Gerstein, Politico’s senior legal affairs reporter, and it said this: ‘NEW: Trump admin takes rare step to quell controversy over prosecutorial misconduct in dropped criminal case against Chicago-area anti-ICE protesters. Feds won’t fight defense demand to pay bill for activists’ legal fees.’ Here’s why it’s so notable. In our legal system, prosecutors rarely pay a criminal defendant’s legal fees, even when the government loses its case. Defendants tend to be reimbursed only when they can prove serious prosecutorial misconduct. It’s even rarer for prosecutors to agree to pay those fees. Experienced lawyers will read that tweet and know a single, simple truth. Something very bad went down in Illinois.” Read more here (gift link).
#3 “101 Former Judges Ask the New York Bar to Investigate Acting Attorney General Todd Blanche.” From Civil Discourse with Joyce Vance: “Today, 101 former judges filed a complaint, asking the New York State Bar Attorney Grievance Commission to ’initiate an investigation into Acting Attorney General Todd Blanche for violation of the New York Rules of Professional Conduct.’ The judges are joined by Democracy Defenders Fund and Lawyers Defending American Democracy.” Read more here.
#4 “Consider Secure or Closed AI Systems: Recent Protective Orders Provide Guidance for Businesses Seeking to Use AI Tools Legally and Ethically.” From JDSupra: “Two recent protective orders issued by U.S. Magistrate Judges identify and describe those aspects of certain AI tools that may negatively affect the confidentiality, security, and privacy of information, and establish requirements and prohibitions for parties seeking to use those tools. These orders may help businesses 1) understand the privacy and security risks involved in the use of AI tools; and 2) ensure that the use of AI tools is consistent with legal and ethical duties to protect and manage information.” Read more here.
#5 “Ex-National Security Adviser John Bolton Pleads Guilty to Illegally Retaining Classified Information.” From the Associated Press: “Former Trump administration national security adviser [and lawyer] John Bolton pleaded guilty on Friday to illegally retaining classified information, sealing a deal with federal prosecutors that could allow him to avoid a prison term. Bolton, who became an outspoken critic of President Donald Trump after serving in the Republican’s first administration, is scheduled to be sentenced on Oct. 28 by U.S. District Judge Theodore Chuang in Greenbelt, Maryland. Bolton, 77, of Bethesda, Maryland, pleaded guilty to a single count of illegally retaining national defense information, which carries a maximum sentence of 10 years. His plea agreement with the Justice Department may enable him to avoid time behind bars, but the judge ultimately will decide his punishment.” Read more here.
#6 “Why an Atlanta-Based Federal Judge’s Misconduct Became Congress’ Business.” From the Atlanta Journal-Constitution: “At the national level, jurists serve for life to protect them from political pressure. However, they are constitutionally expected to display good behavior.” Read more here.
#7 “The Law School Deans Driving AI Innovation in Legal Education.” From The National Law Review: “Artificial intelligence is no longer a peripheral issue for legal education. It is quickly becoming one of the central questions facing law schools: how to prepare future lawyers for a profession in which AI will affect research, client counseling, litigation strategy, access to justice, and the business of law.” Read more here.
#8 “DOJ’s Disciplinary Proceeding Lawsuit Undermines Legal Ethics.” From Bloomberg Law: “Federal government lawyers play a fundamental role in upholding the rule of law. Now the federal government is suing to place them above the law. States have had the authority to license and discipline lawyers since the founding of our nation. And federal law requires attorneys working for the Justice Department to meet the same state ethical requirements as other licensed attorneys. However, the Trump administration’s DOJ has tried to undermine these well-established principles.” Read more here.
#9 “Judge Who Accepted $100 ‘Handshake’ Bribe Kicked Off Bench for Slew of Ethical Violations.” From People Magazine: “John C. Reeves admitted to five additional ethics violations months after the Louisiana Supreme Court suspended him for accepting $100 from a litigant after signing inheritance paperwork.” Read more here.
#10 “Judge Allowed to Author Legal Treatise Chapter, but Former Firm’s Assistance Triggers Two-Year Recusal From Firm’s Cases: Judicial Ethics Opinion 25-193.” From the New York Law Journal: “(1) A judge may write and edit a chapter in a legal treatise and be identified as the author by name and title. (2) The judge may request and accept assistance from his/her former law firm to aid the judge in research and drafting, but must thereafter disqualify from matters involving his/her former law firm for two years after conclusion of the project. This disqualification is subject to remittal, if practicable in the judge’s court.” Read more here.
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Renee Knake Jefferson holds the endowed Doherty Chair in Legal Ethics and is a Professor of Law at the University of Houston. Check out more of her writing at the Legal Ethics Roundup. Find her on X (formerly Twitter) at @reneeknake or Bluesky at legalethics.bsky.social.