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NEWS DECEMBER 7, 2020 ¦ 19

A recent decision from the U.S. Court of Ap- tion to refrain from undertaking a matter for a client
peals for the Third Circuit spurned claims from when the lawyer knows that the purpose of the law-
Trump’s attorneys. “Charges of unfairness are serious. suit is purely political and lacks concrete factual
But calling an election unfair does support or plausible legal merit.”
not make it so. Charges require spe- The signatories contended “the
cific allegations and then proof. We harmful consequences of this cam-
have neither here,” Trump-appoint- paign will survive long after the
ed Judge Stephanos Bibas wrote. “In the absence of any courts formally have dismissed”
meaningful evidence, we the cases. “Our country deserved
Trump campaign attorneys must condemn the abuse better from members of the bar,”
Jennifer Ellis and Rudy Giuliani of the judicial system to the former D.C. bar leaders said. ¦
responded to the Third Circuit’s subvert the democratic
ruling in a statement that said: “The
activist judicial machinery in Penn- process,” the former bar Mike Scarcella is a senior editor
sylvania continues to cover up the leaders said in a statement. in Washington on ALM Me-
allegations of massive fraud. We are dia’s regulatory desk. Contact
very thankful to have had the op-
portunity to present proof and the him at [email protected]. On

Twitter: @MikeScarcella. Mike
facts to the PA state legislature. On to SCOTUS!” works on a slate of newsletters: Supreme Court
Tuesday’s statement from the former D.C. bar Brief | Higher Law | Compliance Hot Spots |
president said “members of the bar have an obliga- Labor of Law.

Appellate Panel: Judge Abused Discretion
in Denying Rehab After Doing Own Research

By Robert Storace

The Connecticut Appellate Court has over- tracked after doing some research on the type of
turned a lower court ruling, finding the rehabilitation Han was getting.
court abused its discretion in terminating a McNamara, though, did so without telling defense
diversionary program of accelerated rehabilita- counsel that she was contemplating reversing herself
tion for a man charged with fourth-degree sexual on the issue, Alvord wrote.
assault. “We agree with the defendant that the court’s
Trent LaLima, attorney for defendant Minh Anh termination of the defendant’s participation in the
Han, said he believes Tuesday’s 3-0 ruling is an im- accelerated rehabilitation program was an abuse of
portant one for criminal defense attorneys. its discretion,” Alvord wrote in the 13-page ruling.
“I think we are talking about a unique set of facts McNamara’s ruling had said she was concerned
and what the appellate court did could be used in Han was taking part in the accelerated program
other cases where the [trial] court rules on infor- via the ManKind Project, which the appellate court
mation outside the records,” said LaLima, a partner says in its synopsis is “a global network of nonprofit
with Santos & LaLima in Hartford. organizations focused on modern male initiation,
LaLima said that Judge Bethany Alvord, writing self-awareness and personal growth.”
for the appellate court, was critical of trial court The trial court judge, though, did research on her
Judge Kathleen McNamara, who at first seemed fine own about the ManKind Project and decided against
with the accelerated rehabilitation, but then back-
¦ Continued on PAGE 20

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