• Monthly
  • $25
  • $50
  • $100
  • $other
  • use PayPal

CounterPunch needs you. piggybank-icon You need us. The cost of keeping the site alive and running is growing fast, as more and more readers visit. We want you to stick around, but it eats up bandwidth and costs us a bundle. Help us reach our modest goal (we are half way there!) so we can keep CounterPunch going. Donate today!
FacebookTwitterRedditEmail

He Practiced Law Without a License, Now He’s a Federal Appeals Court Judge

One of the first things Thomas B. Griffith will want to do is convince his colleagues of the importance of changing their Rule 49. It shouldn’t be that hard since he’s now a member of that court and can tell his colleagues from personal experience what a useless rule it is. And it only makes sense that he work to get it changed since it was a rule he flaunted during the time he practiced in that jurisdiction and he must be thanking his lucky stars that he didn’t get caught.

Mr. Griffith serves to remind us that if you are sufficiently conservative, a lack of integrity or respect for the law is no hindrance to advancement in the Bush administration. That is the lesson taught by Thomas B. Griffith’s confirmation to serve on the federal court of appeals for the District of Columbia. The fact that he was Mr. Bush’s second choice does not make the lesson less painful.

The first choice was Miguel Estrada. Mr. Estrada’s confirmation was filibustered and in 2003 he dropped out of contention. He wasn’t filibustered because he lacked the ethical qualities that the legal profession expects of its members even when they are as important as Thomas B. Griffith. His confirmation was filibustered because his views were unknown but believed to be out of the legal mainstream. Instead of proving his critics wrong he stonewalled them. He refused to discuss his views or provide samples of his legal writing that might have demonstrated his legal philosophy and proved his critics wrong. As a result his nomination stalled and, ultimately, he withdrew his name.

Whether or not the country and the federal bench were well served by his withdrawal is impossible to know. What is known is that the man who has been elevated in his place is a man who, had the facts about his career been known by appropriate authorities before he was nominated, might have faced severe discipline for his flagrant disregard of the professional rules that govern the conduct of lawyers in the District of Columbia and Utah.

Rule 49, of which Mr. Griffith was contemptuous, is a rule of the U.S. Court of Appeals of the District of Columbia. It says:

“No person shall engage in the practice of law in the District of Columbia or in any manner hold out as authorized or competent to practice law in the District of Columbia unless enrolled as an active member of the District of Columbia Bar, except as otherwise permitted by these rules.”

None of the exceptions applies to Mr. Griffith. Mr. Griffith found the rule quaint and chose to ignore it. He practiced law for three years in that jurisdiction without the required license. Had the licensing authorities known of his transgression he would have faced discipline. Happily for him, he left the jurisdiction before anyone noticed that he didn’t find the court’s rules to his liking.

Furthermore he blamed his staff–saying in effect that he was much too important to attend to such trivia and his staff should have insured his compliance with applicable rules.

Having successfully flaunted the rules of the court on which he now serves he moved to Utah to became chief legal counsel for the University of Utah. He served in that capacity for four years. Acting as legal counsel for the university of Utah is considered practicing law in Utah.

Utah, like the District of Columbia has a rule against practicing law without a license. Rule 1.0 of Chapter 13a of the Rules of Professional Conduct of the State of Utah provides:

“Except as set forth in subsection (c) of the Rule, only persons who are active, licensed members of the Utah State Bar in good standing may engage in the practice of law in Utah.”

It did not include the phrase “unless you are really important or are called Thomas B. Griffith.” That would probably have surprised Mr. Griffith.

It didn’t matter. No one noticed that he was again ignoring the rules imposed by the court and no disciplinary proceedings were commenced.

The one thing we have learned from Mr. Griffith’s conduct is that rules don’t apply to him. As a federal judge he will be beholden to no one. He will like that.

Notwithstanding Mr. Griffith’s example, if any of my readers were contemplating practicing law in the District of Columbia the reader would be well advised to follow the rules even though one of the sitting judges thought himself above them. Lady Luck might not smile on all who thus transgress.

Promotion to a federal court is even less likely to follow unless, of course, George W. Bush is making the appointment. In the Bush White House conservative philosophy trumps morality and ethics every time.

Mr. Griffith is just the most recent example of that.

CHRISTOPHER BRAUCHLI is a lawyer and writer living in Boulder, Colorado. He can be reached at: 56@post.harvard.edu

 

 

 

 

More articles by:

bernie-the-sandernistas-cover-344x550

May 27, 2019
Ed Sanders
Monsanto is Evil: a Glyph
Elliot Sperber
The Snow Leopards of Central Park 
Weekend Edition
May 24, 2019
Friday - Sunday
Rob Urie
Iran, Venezuela and the Throes of Empire
Melvin Goodman
The Dangerous Demise of Disarmament
Jeffrey St. Clair
“The Army Ain’t No Place for a Black Man:” How the Wolf Got Caged
Richard Moser
War is War on Mother Earth
Andrew Levine
The (Small-d) Democrat’s Dilemma
Russell Mokhiber
The Boeing Way: Blaming Dead Pilots
Rev. William Alberts
Gaslighters of God
Phyllis Bennis
The Amputation Crisis in Gaza: a US-Funded Atrocity
David Rosen
21st Century Conglomerate Trusts 
Jonathan Latham
As a GMO Stunt, Professor Tasted a Pesticide and Gave It to Students
Binoy Kampmark
The Espionage Act and Julian Assange
Kathy Deacon
Liberals Fall Into Line: a Recurring Phenomenon
Jill Richardson
The Disparity Behind Anti-Abortion Laws
Kollibri terre Sonnenblume
Chelsea Manning is Showing Us What Real Resistance Looks Like
Zhivko Illeieff
Russiagate and the Dry Rot in American Journalism
Norman Solomon
Will Biden’s Dog Whistles for Racism Catch Up with Him?
Yanis Varoufakis
The Left Refuses to Get Its Act Together in the Face of Neofascism
Lawrence Davidson
Senator Schumer’s Divine Mission
Thomas Knapp
War Crimes Pardons: A Terrible Memorial Day Idea
Renee Parsons
Dump Bolton before He Starts the Next War
Yves Engler
Canada’s Meddling in Venezuela
Katie Singer
Controlling 5G: A Course in Obstacles
Evaggelos Vallianatos
The Beauty of Trees
Jesse Jackson
Extremist Laws, Like Alabama’s, Will Hit Poor Women the Hardest
Andrew Bacevich
The “Forever Wars” Enshrined
Ron Jacobs
Another One Moves On: Roz Payne, Presente!
Christopher Brauchli
The Offal Office
Daniel Falcone
Where the ‘Democratic Left’ Goes to Die: Staten Island NYC and the Forgotten Primaries   
Julia Paley
Life After Deportation
Sarah Anderson
America Needs a Long-Term Care Program for Seniors
Seiji Yamada – John Witeck
Stop U.S. Funding for Human Rights Abuses in the Philippines
Shane Doyle, A.J. Not Afraid and Adrian Bird, Jr.
The Crazy Mountains Deserve Preservation
Charlie Nash
Will Generation Z Introduce a Wizard Renaissance?
Ron Ridenour
Denmark Peace-Justice Conference Based on Activism in Many Countries
Douglas Bevington
Why California’s Costly (and Destructive) Logging Plan for Wildfires Will Fail
Gary Leupp
“Escalating Tensions” with Iran
Jonathan Power
Making the World More Equal
Cesar Chelala
The Social Burden of Depression in Japan
Stephen Cooper
Imbibe Culture and Consciousness with Cocoa Tea (The Interview)
Stacy Bannerman
End This Hidden Threat to Military Families
Kevin Basl
Time to Rethink That POW/MIA Flag
Nicky Reid
Pledging Allegiance to the Divided States of America
Louis Proyect
A Second Look at Neflix
FacebookTwitterRedditEmail