Ethics Quiz: The Judgmental Judge

"I'm sorry, Miss McBeal, would you repeat that? I lost my train of thought..."

“I’m sorry, Miss McBeal, would you repeat that? I lost my train of thought…”

Circuit Judge Royce Taylor in Murfreesboro, Tennessee is being excoriated by some as being sexist or at least presumptuous for daring to broach the topic of attorney attire in the courtroom, specifically female attorney attire. In a memo, he noted that the topic had arisen in recent Bench/Bar Committee meeting, and wrote,

“The unanimous opinion was that the women attorneys were not being held to the same standard as the men. It was requested that the judges require all attorneys to dress professionally. I have advised some women attorneys that a jacket with sleeves below the elbow is appropriate or a professional dress equivalent.”

What? An elderly male judge presuming to tell female professionals what they should or shouldn’t wear?

Your Ethics Alarms Ethics Quiz:

Is it fair and respectful for judges to require female lawyers to adopt the same dress standards as male lawyers in the courtroom? Continue reading

CNN, Making Us Trivial and Ignorant

You got shortchanged, Edward G.!

You got shortchanged, Edward G.!

I suppose I should give “New Day,” CNN’s revamped morning news show hosted by Chris Cuomo and Kate Bolduan a honeymoon before I start complaining about it, considering how I negligently blamed them for the conduct of their colleagues before their show as even on the air. Nonetheless, if CNN has decided to trade Soledad O’Brien’s biased coverage of real news for this pair’s avoiding it, I’d (I cannot believe I am writing this ) rather have Soledad back.

You may have noticed that there is a lot going on in this country and around the world. The conflict in Syria is at a critical point, and the U.S. may be preparing to play a greater role. Iran has a new president, Iraq is descending into violence, and the Middle East could still blow up at any moment.There are so many scandals to investigate emanating from D.C (and, uh, Cincinnati…) that the news media isn’t even bothering to keep us abreast on half of them. The stock market took a dive yesterday; illegal immigration is being fought over on Capitol Hill, where there was a big Tea Party rally against the I.R.S. yesterday.

Trust in the government is at low tide, which is more important than the usual polling nonsense, and President Obama’s poll numbers are beginning to look like Bush’s, but according to CNN’s Gloria Borger (WHY do I keep watching CNN?), it’s for a surprising reason. I watched with my jaw falling open as I heard Borger tell her CNN panel a couple of days ago that apparently citizens who had been thus far willing to “give the President the benefit of the doubt” were now—imagine this now!—beginning to associate him with the government they don’t like. That’s right—five years into his Presidency, and Obama is finally beginning to be held accountable for the government he heads and is supposed to be leading. Normally—sanely, reasonably—this calling to account would typically happen during an election, but hey, better late than never. (I believe I could hear Mitt Romney banging his head against the wall now, if the sound of my own head wasn’t so loud.)

Borger elaborated on her theory in her CNN column:

“Now, I know this president doesn’t like some parts of his job. He doesn’t much like schmoozing members of Congress, despite his recent share-a-meal plan with assorted Capitol Hill types. He doesn’t like the LBJ-style strong-arming, either. He doesn’t much like the messy lawmaking process in which personal relationships can often mean the difference between getting what you want and getting nothing at all. And he doesn’t ever like to be pushed. Ever. No-drama Obama, remember? But he does like speeches. He likes writing them, redrafting them, pondering them. He likes giving them, too — because he’s good at it.”

Gloria left out plenty of other things the President doesn’t like doing—managing, oversight, appointing non-cronies, firing incompetents, being straight with the public, making decisions, his job-–but she cut though it all to identify what he needs to do to address all the chaos around him: give a speech. And Borger is a big President Obama booster. She wasn’t trying to be cynical or funny.

BANG…BANG…BANG….

All of this is prelude to my objection to what the new kids on the CNN block decided was the top news of the day, worthy of more than ten minutes of exclusive coverage, remote oversees updates, two special live reports, a studio interview, and even a phone interview with Larry King himself. And what was this riveting news story that Americans just had to know about while they were having their coffee and chewing their Pop Tarts into pistols?

James Gandolfini died. Continue reading

The NSA Scandal: And THIS Is Why We Can’t Trust The Government

Businessman Crossing Fingers

From Tuesday’s House Intelligence Committee hearings on the NSA domestic spying issues:

Rep. Mike Rogers, R-Mich., Chairman: “Does the NSA have the ability to listen to Americans’ phone calls or read their emails under these two programs?”

NSA Director General Keith Alexander: “No, we do not have that authority.”

That’s right. Alexander not only didn’t answer the question that was asked: he answered a different one, with a “no,” that would make the casual listener believe that the answer to the question that was asked was also “no.”

Meanwhile, neither Rogers nor anyone else on the committee stopped him, corrected him or  asked again whether he had the ability, not the authority, to “listen to Americans’ phone calls or read their emails under these two programs.”

I have the ability to throttle my neighbor to death with a bat, but not the authority. I have the ability to have wild tempestuous adulterous affairs, but not the authority.

The fact that the head of the NSA would pull a verbal sleight of hand like this before Congress is proof, in my mind, that transparency in this administration is neither its intent or manner. Its intent and manner is deception and obfuscation.

The fact that Congress, even when such a ploy is pulled before its eyes on national television, is either so complicit or so dim-witted that it doesn’t insist on candor on behalf of the American public it purports to represent is, one way or the other, disheartening and disgraceful.

_________________________

Pointer: Shep Smith

Facts: International Business Times

ARRRRRGHHHHHHH!!!!!

I just spent two hours preparing a detailed post of some interest and import, and when I hit “publish,” it vanished. This has never happened before. Now I am furious, frustrated, and can’t even start to re-do the damn thing, because I’m giving a seminar about government lawyer ethics in a few hours, and I have to prepare.

All I can say is 1) I’m sorry and 2) ^%$#^)(&%!!@#%!!!

I’ll get it rewritten eventually.

The Deadliest Rationalization Of All?

woodys excuse

All rationalizations can be deadly and have been. History and human nature teach us, however, that “Woody’s Excuse,” #22 on the Ethics Alarms Rationalization list, can hold its own with any of them when it comes to tallying up pain, ruined lives, and death. This is “The heart wants what the heart wants,” the comedian, actor and acclaimed director’s personal pass for his seducing and marrying a girl who was, in essence, his adopted daughter.

Today the Washington Post carries the grim final act of a story so terrible that it crosses into the realm of black humor. A veteran Labor Department lawyer, married, with an impeccable record, was found dead in his cell after being arrested and charged with violently attacking a co-worker with whom he had become infatuated. The story is full of weird U-turns of phrase; for example, the judge called the lawyer, charged last week with first-degree burglary while armed and third-degree sexual assault relating to the June 5 attack, a “wonderful person in most respects”—-that is, “most respects” beside the implications of his breaking into a woman’s home, punching her in the face (or spraying her with mace,) then trying to incapacitate  her with a stun gun, handcuffing her hands behind her back and knocking her to the floor. The victim was so badly injured that a plate had to be surgically implanted in her face.

Other than that, Judge, you’re right: he was a hell of a guy. Continue reading

“Yeccch!” Ethics, The Saint’s Excuse, and Shotgun Shock PSAs

crap poster

The above poster is being used by the Bristol, England, city council to get dog owners to pick up after their pets.

My reaction:

Yecccch! Ack!!! Gag!

Also this: What a lazy, inconsiderate, unfair and unethical assault on the majority in order to make an impact on a minority. Given the choice between wiping dog poop off my shoe or having my stomach turned by the image of a child eating it, I’m not sure which I’d take, or who I hate more, the inconsiderate dog owner, or the jerk who is willing to sicken me to get at him.

Good, noble, arrogant, self-righteous advocates for responsible behavior increasingly behave as if any collateral damage is acceptable, while their dubiously effective advocacy gets more shrill and ugly. Every time that current TV ad featuring the croaking, hideously disfigured ex-smoker talking while a photo of her lovely pre-cancer visage shows us the ravages of tobacco, I literally dive for the remote, just as I do when the animal cruelty spots begin bombarding me with images of sad-eyed, neglected and abused cats and dogs.

(I also do this when Piers Morgan, Nancy Grace, Donald Trump, Sean Hannity or Al Sharpton flash on the screen, but I digress.) Continue reading

Emmy Ethics: Honoring Elmo, Or Honoring A Child Molester?

kevin-clash1

I am assuming, based on the fact that this story was featured on the conservative muckraking website Brietbart, that some people think it is inappropriate to award three Daytime Emmys for children’s programming to Kevin Clash, the Muppets puppeteer whose career as fuzzy red monster Elmo on Sesame Street ended with a series of child molestation accusations.

If I am right, these people are dead wrong. Clash is an artist, and a talented one. Whether or not the allegations of his having illicit contact with under-aged boys are true, and none have been tested in court, his skill in manipulating and voicing the cutest and most vulnerable of the Muppets is beyond debate. The Emmy has never been nor claimed to be a character award. An Emmy recognizes excellence in television, in this case children’s programming, and it doesn’t make a smidgeon of difference if an artist is a child molester, a bank robber, a cannibal, a Nazi or a Billy Ray Cyrus fan—if he or she delivered the best artistic product, the honor is deserved.

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Spark, Facts and Graphic: Breitbart

Inspector Generals, Intimidation, Integrity and The IRS Scandal

IG J. Russell George. NOW I get it!

Treasury Dept. IG  J. Russell George. NOW I get it!

I certainly feel ignorant and foolish about this. Silly me: I always thought that inspector generals, those charged with flagging and investigating incompetence, corruption and wrongdoing in our government, were independent and objective, and beyond political influence from above. Why did I think that? I thought that because without such independence, what we may be getting in these supposedly honest and thorough IG reports is not the whole truth and nothing but the truth, but rather what the particular IG thinks he or she can get away with and still keep the job. Was I the only one who didn’t know this?

Thus the popular shrugging talking point by Obama Administration defenders on the partisan payroll (Jay Carney, White House staff, enabling members of Congress, Axelplouffe, etc.) and off of it (the news media) that the IRS inspector general J. Russell George “investigated” and found no political influence in the decision to target and impede conservative organizations is even more dishonest that I originally thought. That oft-repeated statement was always misleading spin, because George, by his own admission, only performed an audit, which is supposed to be the prelude to a full investigation. Now, however, a former IG has explained that inspector generals who displease the Obama high command risk losing their jobs. (Presumably this has always been a peril of the IG job, so I am not suggesting that this unacceptable state of affairs is unique to this administration.)

In his testimony before Congress, George said that he never was able to determine who, if anyone, directed the ideologically-based scrutiny, because no one would tell him. Former IG Gerald Walpin writes, Continue reading

Hold On, Taylor Bigler: First Get Into A Bikini And Answer The Question, THEN We’ll Discuss Whether It’s Fair To Mock Miss Utah

By all means, her views on social policy should determine her place in the MIss USA competition...

By all means, Miss Utah’s views on social policy should determine her place in the Miss USA competition…

Every year some columnist or internet wag attempts to perpetuate the dumb bimbo stereotype and get cheap laughs in the process by calling attention to a beauty pageant contestant’s incoherent or fatuous answer to a question in the interview round. On rare occasions, the ridiculed response is jaw-dropping and genuinely funny, appropriately triggering fears that “Idiocracy” is upon us. However, the nonsensical curvy-contestent answer flagged by Daily Caller entertainment editor Taylor Bigler had a perfectly good excuse: the question was impossible to answer. Continue reading

Of Teenage Tweets, Politics, Fairness, and Acorns

How about scrutinizing the trees, and not the acorns?

How about scrutinizing the trees, and not the acorns?

Two GOP Congressmen are apologizing for the offensive tweets of their teenage sons, as well they should. But to what extent do the homophobic, racist and otherwise vile social network comment of a couple of high school students with famous fathers tell us anything about their legislator parents? Are such communications newsworthy? Should the kids be exposed to “Gotchas!” as if they were the elected officials, not their dads, and are their indiscretions legitimate clubs for political and journalistic foes to beat their fathers with?

I think these are difficult ethics questions, and I don’t much care for any of them.  Let’s examine the ethical conduct of some of the participants in this icky drama: Continue reading