March 25, 2004
Colleyville City Attorney
Provides Internal Memo to City Council Concerning definition of
Moral Turpitude
Mark Skinner, Place 1,
requested an attorney's opinion on "moral
turpitude" then released the contents of the
"Privileged" document to the Star-Telegram. |
Ross Foster supplied an
"opinion" based on his memo in 2002 "when
the disclosure ordinance was being considered." |
In a move that has left
some on the city council upset with the process, the City
Attorney provided a "Privileged-Do Not Generally
Distribute" memorandum to the members of council on Tuesday
afternoon. In response to the report on Council Candidate
Mark Jones, seen
only on Local News Only.com, concerning Jones' DWI conviction.
Upon obtaining the information from the City Attorney's office,
Skinner, who was identified by a Star-Telegram reporter,
released the contents of the information. Councilman Jon
Ayers confirmed that he had not had time to review the document
Tuesday afternoon. Council members Rich Hendler said he
had not even seen the memo prior to reading about it in the
morning paper. Mayor Pro Tem Ginny Tigue is out of the country.
Councilman Mark Skinner requested the City Manager Bill Lindley
obtain a "written definition of moral
turpitude." Apparently, after receiving the
memorandum, Skinner spoke to a reporter for the
Star-Telegram. That newspaper then placed a story with
headlines "City: DWI disclosure not needed." Although
the memo was marked "Privileged", the newspaper
article referred to the memo and Skinner as the source of the
information.
In a circumstance where one member of council releases
information released under an "Attorney-Client" privilege,
that member waives the right for all council members.
Apparently, since the memo had already been disclosed, the City
Secretary called LNO at 11:31 am and left a message that the
city was going to release the memo to the press.
In a column, LNO called for the resignation of Mark Jones from the Planning
and Zoning Commission and his withdrawal from the council race
because he failed to disclose the DWI and weapon carrying arrest
under the Moral Turpitude section. The determination that
the arrests were not "moral turpitude" was concluded by the Star-Telegram that Jones did not have to disclose the
matter, although Foster made no mention of Jones in the memo.
While the bigger issue for citizens is probably the conduct of its
public officials, the "technical" interpretation
apparently was adequate for Mark Jones, since he did not drop
out of the race. Tuesday was the last day to withdraw your name.
The memo below is a copy of the original document sent to
council members. Click on the
document to enlarge.
The document provides a
definition from the City Attorney, Ross Foster, with references
to Texas case law. Further, Foster provides specifics
of moral turpitude, for example.."the Texas courts
have held prostitution involves moral turpitude, driving while
intoxicated does not involve moral turpitude."
Potentially the most curious the definition.."running a disorderly house is a crime of moral
turpitude." Webster Dictionary defines
"disorderly" - 1. Lacking regular order; untidy,
2. Not disciplined; unruly, 3. disturbing the public peace or
decorum.
The City Attorney's response is an opinion he apparently bases
solely on case law and not by local community standards.
Foster's opinion is not shared by numerous other sources in the
United States. No additional explanation was offered that a DWI does not
qualify as moral turpitude, however, an "untidy" house
does. Does a literal interpretation of that definition
mean a homeowner with an untidy house is on the other hand
guilty of moral turpitude?
Here are definitions of moral turpitude from other
sources:.
 |
Moral Turpitude:Conduct
contrary to honesty, modesty or good morals.
|
 |
The Board of
Immigration Appeals has issued a precedent decision
finding that a conviction in Arizona for the offense of
aggravated driving under the influence (DUI) is a crime
of moral turpitude.
Click
Here for the site reference |
Click
Here for
the site reference |
The determination of moral turpitude seems to be a
judgmental decision based on the values and mores of the
community rather than a standard that can be increased or
decreased by a regulatory board. |
 |
An
element of crimes inherently bad (malum in se), as
opposed to crimes bad merely because forbidden by
statute (malum prohibitum).
Click
Here |
 |
Conduct
contrary to honesty, modesty, or good morals.
Click
Here |
 |
Disregard for
established community standards of right and wrong in
the commission of a crime, above and beyond the crime
itself. |
© Bucknell University 2003 | Lewisburg, PA 17837 |
Elements of the crime or misdemeanor. A determination of whether a crime or misdemeanor involves moral turpitude will be determined based solely upon the elements of the crime or misdemeanor. The underlying facts or details of an individual criminal charge, indictment or conviction is not relevant to the issue of moral turpitude. The actual guilt or professed innocence of the charge, indicted or convicted professional educator is not relevant. |
|
