Guilt by Association?

If a lawyer has nothing to do with a case, can that lawyer be sanctioned for a co-worker’s alleged misconduct?

Maybe.

26 states sued to block enforcement of the administration’s policy to defer action on deportations.  The United States Supreme Court heard argument in April.

Meanwhile, last month, the federal district judge who presided over the initial challenge issued an order sanctioning DOJ attorneys.  Not just the attorneys involved in the matter before him, but every DOJ attorney based in DC.

Not surprisingly, DOJ objected.

Yesterday, the district judge agreed to stay implementation of his order pending a hearing set for August 22.

Stay tuned.

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One thought on “Guilt by Association?

  1. Mike,

    THAT’S interesting; an American judge entering an order against a corporate body (all D.C. attorneys) which order doesn’t discriminate between individual actors or establish personal responsibility for acts they may or may not have committed. It not only violates American notions of post-violation police and judicial action but also contradicts American legal philosophy. American jurisprudence is based on the notion of individual rights and responsibilities (Spinoza, J.S. Mill, Rousseau). One of the notable advances and definitions of “liberalism” is the end of corporate responsibility and sanction against all group members when one of its constituents does something wrong. Like…you don’t wipe out a bloodline when the head of a family commits a crime….anymore. Or…you don’t remove the rights of an entity because they might do something you don’t like. See the Nuremburg laws of 1933.

    Bob Grundstein/rgrunds@pshift.com

    Like

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