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BardWatch
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Anti-Hate-Brigade
1d ago
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#328291
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Bard spotting on Bluesky 26 December 2024 
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
There are a lot of people talking past one another about the employment history of the judge & her spouse.
Whether or not there actually exists a conflict of interest (which is beyond my authority to say), there exists an
Appearance of Impropriety
And that should suffice for a recusal.
BUT
Ms. Penny Oaken, SkyWitch (@skywitches.net):
One of the rising concerns that people have with ethical professions is the increasing paucity of ethical duty borne by those professionals.
Health insurance should serve the interests of the client before the interests of the executive; It does not, and thus the rising contempt …
Ms. Penny Oaken, SkyWitch (@skywitches.net):
Politicians should serve the interests of their constituents, but increasingly serve the interests of their bank accounts and stock portfolios.
Justices should serve the interest of justice, but increasingly serve the ends of donors and think tanks and lobbyists.
Corey Bowers (@cbowers.bsky.social):
You can't create an appearance of impropriety simply by making some vague claims about the full class and then applying it to a single member without an examination of facts.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
That is true.
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Ms. Penny Oaken, SkyWitch (@skywitches.net):
One of the standing principles of jurisprudential ethics - including in the practice of law as an advocate as well as a jurist - is acting in such a fashion as to uphold public confidence in the institution; if people do not trust it, it cannot reach its intended ends.
There used to be a phrase —
Ms. Penny Oaken, SkyWitch (@skywitches.net):
"Uberrima Fides", "Overriding Good Faith". This was a scrupulous standard of transparency and avoidance of even the appearance of impropriety — in order to protect the legitimate ends of the profession, practice, institution, etc.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
(Today, this phrase, Uberrima Fides, has dwindled to a mere point of insurance contract law, an escape hatch.)
Our news and cultural narrative is today filled with multiple instances of justitial officers — from street law enforcement all the way up to SCOTUS — flaunting appearances of impropriety.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
And people are not stupid. They see the cracks, they see that powerful people whom we place in positions of trust based on an expectation of Uberrima Fides, are instead profiting or advancing their own interests at the expense of the trusts they hold.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
This is a core issue to the alleged crime, and to the extent that she can (IIRC Mangione's attorney is a woman), she is going to bring it up, in general and in specific, at trial.
And juries will nullify a law administered by an institution they see is unjust.
Ms. Penny Oaken, SkyWitch (@skywitches.net):
That is what an Appearance of Impropriety means. It means that there cannot be the best attempt at justice in the case of Luigi Mangione so long as jurors see such an appearance.
And they see it. If even attorneys see it —!
It exists.
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Ma'am we've been over this before. You need to stop.
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Tulpa King (@elliotghoul.bsky.social):
Plus the fact that for-profit healthcare should rightly be seen as an abomination and should never have been allowed to exist.
Health insurance is not healthcare
Ms. Penny Oaken, SkyWitch (@skywitches.net):
I have my opinion on that and it is largely aligned with yours, but it's beside the point. None of us would be involved in these discussions, I feel, if the bureaucracy had been administered well, no matter the system; we would be here no matter the bureaucracy if the sentiment was one of corruption
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