Thursday, October 24, 2019

Mitt Romney’s “Pierre Delecto”: Did He Mean “In Pari Delecto”?

Mitt Romney did not randomly choose this pseudonym for his secret Twitter account. He’s a very deliberate person. So what did he mean by adopting such a weird name?

I don’t know, but “Pierre Delecto” sounds lot like “In Pari Delecto.”

What is “In Pari Delecto”?

It’s a very standard judicial doctrine that means a court will not interfere to help a party who is harmed while he breaks the law.
Here is an explanation from Kirschner v. KPMG, LLP, a mundane court opinion from a New York state appeals court in 2015. You’ll understand the doctrine after reading this account:

“The doctrine of in pari delicto mandates that the courts will not intercede to resolve a dispute between two wrongdoers. This principle has been wrought in the inmost texture of our common law for at least two centuries (see e.g. Woodworth v. Janes, 2 Johns.Cas. 417, 423 [N.Y.1800] [parties in equal fault have no rights in equity]; Sebring v. Rathbun, 1 Johns.Cas. 331, 332 [N.Y.1800] [where both parties are equally culpable, courts will not “interpose in favour of either”]).

The doctrine survives because it serves important public policy purposes. First, denying judicial relief to an admitted wrongdoer deters illegality. Second, in pari delicto avoids entangling courts in disputes between wrongdoers. As Judge Desmond so eloquently put it more than 60 years ago, “[N]o court should be required to serve as paymaster of the wages of crime, or referee between thieves. Therefore, the law will not extend its aid to either of the parties or listen to their complaints against each other, but will leave them where their own acts have placed them” (Stone v. Freeman, 298 N.Y. 268, 271, 82 N.E.2d 571 [1948]).

The justice of the in pari delicto rule is most obvious where a willful wrongdoer is suing someone who is alleged to be merely negligent. A criminal who is injured committing a crime cannot sue the police officer or security guard who failed to stop him; the arsonist who is singed cannot sue the fire department.”

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