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36 J. Legal Prof. 139 (2011-2012)
When Canaries Won't Sing: The Failure of the Attorney Self-Reporting System in the Cash-for-Kids Scheme

handle is hein.journals/jlegpro36 and id is 143 raw text is: WHEN CANARIES WON'T SING: THE FAILURE OF THE ATTORNEY SELF-REPORTING SYSTEM IN THE CASH-FOR- KIDS SCHEME As we must account for every idle word, so must we account for every idle silence.' -Benjamin Franklin Sarah L. Primrose INTRODUCTION ................................................140 1. UNETHICAL CONDUCT: BACKGROUND ON THE JUDGE CONAHAN AND JUDGE CIAVARELLA SCANDAL ..............................141 A. UNBRIDLED POWER: JUDGE CIAVARELLA'S TREATMENT OF JUVENILES ...............................143 B. A Grand Scheme & Eventual Unraveling .......... .........146 II. How DID THIS HAPPEN?: ANALYZING THE MISCONDUCT REPORTING SYSTEM IN PLACE............................149 A. Lack of Reporting ............................ ......151 1. Silence: Rules on Mandatory Reporting of Misconduct......152 2. Confusion: Limits on a Lawyer's Criticism of the Judiciary. ........................... .......154 B. Lack of Investigation.................................157 III. SUGGESTIONS FOR CHANGE: CONTINUING EDUCATION AND ANONYMOUS REPORTING ....................... ........159 A. Mandatory Continuing Education Regarding Requirements of Misconduct Reporting ............................159 B. A Truly Anonymous System of Reporting .......................160 CONCLUSION......................... .....................164 139 I. Benjamin Franklin, United With Purpose, (2010), http://unitedwithpurpose.com/voices- of-our-founding-fathers. Interestingly, Benjamin Franklin was a proponent of anonymous speech, as he wrote under numerous pen names. McIntyre v. Ohio Elections Commission, 514 U.S. 334, 341 n.4 (1995).

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