Anyone in Texas care to file an ethics complaint with the Texas bar against Alberto Gonzales, former TX Supreme Court Justice and current Counsel to the President? Well, he may have just left himself wide open. I can't give much guidance beyond
the primary sources on TX judicial ethics which I looked at. If someone decides to actually file a complaint, best of luck to you. It seems to me there a number of difficult issues of fact to surmount, but it might be worth trying.
The Bush Campaign sent email to their Team Leader list (which I am on, of course) regarding a chat with 'Judge' Alberto Gonzales. I suspected that thus use of the title `Judge' in conjunction with a partisan event would constitute an ethical violation. I confirmed my suspicion with Professor Monroe Freedman of Hofstra, one of the nation's foremost experts on judicial ethics.
I think it might be worthwhile to embarrass the Bush Administration by filing an ethics complaint against Alberto Gonzales for misuse of the title "Judge" in conjunction with a political campaign communication with the Texas bar. I suggest local Texan lawyers file the complaint and ensure that the press is notified about this ethical breech.
Following is my correspondence with Professor Freedman and the original message:
Subj: Re: misleading use of title "judge" in conjunction with politicalcampaign
Date: 10/19/2004 1:54:10 PM Eastern Daylight Time
From: "Monroe H. Freedman" Monroe.H.Freedman@hofstra.edu
I agree with you that it is improper. I would explain that conclusion,
but am currently dealing with some health problems that are taking a
good deal of time.
---ORIGINAL MESSAGE---
---MBryan@aol.com 10/17/04 8:45 PM---
Professor Freedman,
I'm writing to you because I can find no clear guidance on a judicial
ethics issue. I recieved notification of an online chat in support of
the campaign of President Bush, which is attached, during which White
House council Gonzales would answer questions. This seems certainly to
be campaign related activity. The problem being that it is not made clear
that Alberto Gonzales is no longer a judge. The material on both the
email and the website
(http://www.GeorgeWBush.com/Chat/Transcript.aspx?ID=43) identifies him
as 'Judge Gonzales' from his tenure on the Texas Supreme Court, and
calls him a 'long-time advisor to President Bush', which seems to be an
informal description when, in fact, he is Counsel to the President, a
key member of the President's personal staff. I wonder if taken together
these representations constitute a misleading and political use of the
title 'Judge', given that it seems calculated to imply that Gonzales is
currently a judge who is supporting Bush? Do you think that an ethics
complaint to the TX bar would be warranted?
---BEGIN BUSH CAMPAIGN EMAIL---
Subj: YOU'RE INVITED: Chat with Judge Gonzales
Date: 10/14/2004 9:24:54 AM Eastern Daylight Time
From: "GeorgeWBush.com" BushCheney04@GeorgeWBush.com
Dear Michael,
During last night's debate in Tempe, President Bush once again demonstrated his compassion, integrity, and determination to create a land of opportunity for all Americans. Highlighting these important leadership qualities is the mission of the "Nos Conocemos" (We Know Each Other) tour, which kicked off last week with a rally by President Bush and Hispanic leaders. On Friday, Judge Alberto Gonzales, a key member of the "Nos Conocemos" team and long-time advisor and friend to President Bush, comes online to chat with you about the success of the tour and how Hispanic Americans relate to the President's strong values and moral character.
What: Live chat with Judge Alberto Gonzales
www.GeorgeWBush.com/Chat
When: Friday, October 15th
3:00pm - 4:00pm EDT
Americans of diverse backgrounds are standing behind President Bush because they know he's working to make their lives better and shares their values. Hear more about President Bush's accomplishments and agenda for the Hispanic community and all of America's hard-working citizens. Chat with Judge Gonzales!
SUBMIT QUESTIONS NOW
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---END BUSH CAMPAIGN EMAIL---