Monthly Archives: December 2009

The American Dream Redux

Photo Courtesy of The New York Times

In the wake of our most recent economic calamity, there is renewed focus on the social responsibilities of the businessperson.  That is, to what extent should the profit motive be governed or, more aptly, curbed by one’s sense of the social and real-life impact of one’s profit-driven actions.  In today’s New York Times is a report of yet another lawsuit filed by a major city (Memphis, TN) against the bank (the other one being Baltimore; story here), Wells Fargo, which, like other cases before it, accuses the bank of engaging in discriminatory lending practices aimed primarily at blacks and Latinos.  Lawyers for the cities claim that such practices have essentially devastated entire minority-centric neighborhoods as unpaid mortgages have given way to foreclosures and ultimately to abandoned homes.  This premise, according to the Times report, has already been rejected by the judge presiding over the Baltimore case.

Whether the judge is correct on that score is perhaps an open question; there may be sense of indignation among those who feel that borrowers of high-interest loans should have known better.  Simply stated: don’t buy it if you can’t afford it.  At the end though the pressure to buy and borrow could not have been entirely generated by the banks, not matter how discriminatory their actions were.  Rather, it is the belief, woven into this country’s collective psyche since time immemorial, that home ownership is one if not the key to social mobility.  Coupled with the  reckless lending practices of the past few years and the historically depressed state of most minority-based communities, it is easier to grasp, by which, I mean, understand, what has now befallen the cities-turned-litigants.

The (Theoretical) Right to Counsel

A lawsuit was filed on Tuesday in Fulton County by several law firms and public interest organizations seeking to revamp the State’s public defender system, in particular its ability to supply effective attorneys to individuals in need of appellate representation.  Some of Georgia’s most prominent law firms are litigating this case, including the Southern Center for Human Rights; Garland, Samuel and Loeb; and Bondurant, Mixson & Elmore.  Not to mention my good friend and colleague, Stephen R. Scarborough.

The complaint is available here (PDF – 2.87 MB).

A True Subversive

The story of Adam Stoddard, the sheriff’s deputy in Arizona who lifted a document in open court from the files of a defense attorney is by now well-known, particularly among the legal community and especially the criminal defense bar.  If you haven’t seen the video of the officer’s despicable conduct, I invite you to do so here:

The latest on this is that the judge in whose courtroom Stoddard worked ordered him to jail for contempt of court after Stoddard refused to apologize to the attorney for stealing the document from her case file.  Stoddard was recently released from custody and praised by his boss, the infamous Sheriff Joe Arpaio of Maricopa County.  For what, I’m not entirely sure.

The most disturbing thing about Stoddard’s conduct is the sense of entitlement and arrogance he exhibited throughout the incident, continuing through the hearing.  That is, it doesn’t seem like Stoddard thought he did anything wrong at all.  That it was his duty to pry into the defense attorney’s files because, well, she’s a defense attorney, and her clients are the scum of the earth.

Justice Denied

A recent report from the nonpartisan Government Accountability Office (GAO) revealed that the Civil Rights Division of the Justice Department did little or nothing to enforce the civil rights of Americans during the Bush administration.  The Times has the story here.  This is by no means a surprise.  The press had reported early on during Bush’s tenure about the ineptitude and sheer corruption that had infected the division.  In fact, Charlie Savage, the reporter who wrote the Dec. 3rd Times article, had a hand in writing one of the earlier stories on the division.

Whether the division will be more effective under the Obama administration is an open question.  Yet one should also ask whether a governmental agency, one that is part of the bureaucratic behemoth that is the Department of Justice, should even be in the business of vindicating the civil rights of Americans.  Not that the intent and mission of the division aren’t laudable.  But getting the division to act, however more willing it may be to do so under the current administration, is, without question, a feat in itself, what with all the red tape to unravel and governmental inertia to counteract.  Perhaps the bus should be driven instead by a public-private partnership, where private attorneys enter into pacts with the Justice Department committing them to the civil rights cause, and, in turn, receive governmental support in the form of subsidizing the cost of litigation or even providing the use of governmental investigators.  Just a thought…