Month: April 2015

Slager’s Lawyer Unethically Throws Him Under The Bus (Not That He Doesn’t Belong There)

/ Jack Marshall / 13 Comments
Professional Tip: Lawyers, it's unethical to do this to your clients!

Professional Tip: Lawyers, it’s unethical to do this to your clients!

When a lawyer believes that representing a client is something that he or she cannot do effectively, either because of a deep personal bias against the client, another conflict of interest, a reasonable belief that the client is untrustworthy or unmanageable, or some other good reason, his duty is to withdraw from the representation. Believing or even knowing that the client is guilty is not a good reason. Guilty clients have rights, the system demands a competent defense, and sometimes—rarely, but it happens—a lawyer can be surprised to find out that his “guilty” client isn’t guilty after all.

Withdrawal from a representation is appropriate and allowed in the circumstances defined by ABA Rule 1.16: Continue reading →

Religion + The Right Of A Woman To Control Her Own Body=Murder

/ Jack Marshall / 31 Comments

[I am tired, having engaged in a knockdown, drag-out session on legal ethics with a lively group of Federal bar practitioners. This was not the issue I wanted to come home to for the last post of the day. In fact, I gave up and am posting it this morning. Funny, the issue isn’t any easier now than it was yesterday.]

Charles Taze Russell, founder of Jehovah's Witnesses, and still getting kids killed since 1879.

Charles Taze Russell, founder of Jehovah’s Witnesses, and still getting kids killed since 1879.

A pregnant woman who was a Jehovah’s Witness checked into a Sydney, Australia hospital suffering from leukemia. She directed the staff that her treatment could not include blood transfusions, as her religious beliefs forbade them. She suffered from acute promyelocytic leukemia (APL), which is treatable, and often successfully. According to The American Cancer Society, “more than 90% of patients with APL go into remission with standard induction treatment.” Pregnant women with the cancer have an 83 percent remission rate, and their babies have a high rate of survival when their mothers are diagnosed in their second or third trimesters.

In the end, the fetus and the mother died for want of proper treatment.  “Staff were distressed, grappling with what was perceived as two ‘avoidable’ deaths,” doctors at the Prince of Wales Hospital in Australia wrote in a letter published this month in the Internal Medicine Journal.

Well, they should be distressed: they aided and abetted negligent homicide.  Continue reading →

CNN: “How Is The North Charleston Shooting Different From Ferguson?” KABOOM!

/ Jack Marshall / 7 Comments

HeadExplode3

My answer:

“In North Charleston the officer executed a fleeing man, while in Ferguson an officer used appropriate force to defend himself, but CNN represented the story as an officer executing a fleeing man anyway.”

I literally just saw this minutes ago, so I can’t provide a link, and because smug, biased, despicable-beyond-words CNN morning anchor Carol Costello caused my head to explode with her commentary, the accuracy of my quotes may be a little off.

My brains hit the ceiling the second Costello said, “Unlike the shooting of Mike Brown by a Ferguson, Missouri police officer, the shooting of Walter Scott in North Charleston was captured on video. Witnesses in the Ferguson case disagreed about key facts in the shooting, and about whether Brown’s hands were up or not.”

Disgusting journalism, and close to pure evil. How long did Carol labor over that deceitful phrasing? Though Mike Brown’s shooting has been decisively shown by the credible eye-witness testimony and forensic evidence to have been consistent with the police officer’s account, and though the witnesses claiming that Brown was surrendering have been shown to be following the lead of CNN guest Dorian Johnson, who lied about what happened and set off the nationwide “Hands Up! Don’t Shoot!” protest theme, Costello and CNN are deliberately linked the two incidents, suggesting in tone and context that had there been a video, Darren Wilson might have been shown to be an executioner too. Continue reading →

Unethical Website Of The Month: Michael T. Slager Support Fund

/ Jack Marshall / 61 Comments

Or maybe the century.

I guess it might be a parody.

I hope it’s a parody.

UPDATE (MAY 3): I have been convinced that this post went too far. Asking for support for Slager’s defense cannot be unethical: Slager has a right to a defense, and the best one available. My thoughts on that issue, in relation to the Freddie Gray cops, are here. I still think it is obvious that the individual who posted the appeal is doing so for unethical reasons, and is likely a racist, an apologist for a bad cop, and an idiot. But the appeal itself is not unethical, hence the website was not unethical to post it.

______________________________________________

On Indiegogo, a competitor of GoFundMe, some deranged individuals have actually—can I be really writing this?—put up a website seeking funds to defend Michael T. Slager, who is, on the video above, shooting Walter Scott in the back as he fled, apparently executing him with multiple shots, handcuffing his motionless body, and then planting a stun gun beside him. Slager deserves a fair trial and will get one, but anyone whose immediate reaction to seeing the horrific video is sympathy for this killer cop needs psychiatric treatment, and quickly.

The text of the appeal is similarly jaw-dropping:

We’re campaigning to show our Support for Officer Michael T. Slager!

Why in the world would anyone want to support a man who has committed a murder and fanned the flames of distrust and racial discord in the process?

We believe in all of our LEOs and want to publicly support them!

Do you believe in video technology? Do you even support murderous law enforcement officers?Apparently so.

Although he may have made mis-steps in judgement he was protecting the community.

Calling shooting an unarmed fleeing man a misstep in judgement is like calling Jeffrey Daumer a bad chef. A white officer hooting a defenseless and fleeing black man endangers the community, by straining the bonds of trust that hold it together.

Michael is a former Coast Guardsman with two stepchildren and a wife who is expecting a child, served for more than five years with the department without being disciplined.

So what? Does this any of this earn him special immunity from the requirements of decency, justice, and respect for human life?

Please help in any way you can.

Why? Why should anyone want anything other than for this disgrace of a cop to be tried, convicted, and locked up for the rest of his life?

He has served five years with the department without being disciplined.

Oh. Well, that changes everything! He should be able to shoot anyone he decides to shoot, then.

Eight people have contributed to this nauseating appeal.

Tom Delay, Ethics Dunce Emeritus

/ Jack Marshall / 38 Comments
I know, I know...it's mean to use the mug shot. Good.

I know, I know…it’s mean to use the mug shot. Good.

I am grateful to ex-Republican House Leader and former Texas Rep. Tom Delay for putting himself back in the news with a quote remarkable for its ignorance, hatefulness, and corrupting potential. There are many reasons:

1. It provides a little perspective for Republicans who are excessively smug about the unethical depths to which the Democratic leaders, Harry Reid and Nancy Pelosi, will sink. Yes, they are ethically atrocious. DeLay, however, was as powerful as either of them for a very long time and was a major power in causing the Bush years to collapse in a smelly pile of corruption. The fact that the Republican Party would follow such a man is easily as damning as Democrats tolerating Reid and Pelosi.

2. It gives me the opportunity to name Tom Ethics Alarms’ second Ethics Dunce Emeritus. The first was Bill Clinton. Tom Delay makes Bill Clinton look like Atticus Finch. Think about that.

3. I miss pointing out how despicable Tom DeLay is. On Ethics Alarm’s predecessor, The Ethics Scoreboard, he was worth a post on a regular basis.

4. His statement is so ridiculous that it is bound to make thoughtful people wonder if they should be agreeing with the man, and reexamine their current anti-gay positions critically.

Here is what DeLay said, discussing the various religious rights protection measures and the controversy surrounding them, on an interview with Newsmax, with some restrained commentary by me in bold: Continue reading →

Quotation Ethics: Maya Angelou and the Stamp of Incompetence

/ Jack Marshall / 45 Comments

Angelou stamp

Yesterday the Post Office unveiled its new Maya Angelou stamp. The earlier announcement of the stamp had me sighing; Angelou is proof that affirmative action can be applied to the arts, distorting artistic taste, standards and values in the process. I would rank her talent as a poet near that of the recently deceased Rod Mckuen, but he was not black, a civil rights advocate or female, so his work was judged more or less on its merits. Angelou, in contrast, is called “an icon.” The idea of a stamp honoring the much derided McKuen would have been reflexively mocked; ah, well, fame is fickle.

There is no excuse for the stamp itself, however. Fame may be fickle, but the Postal Service is obligated to be professional, diligent and competent like any other government agen—STOP LAUGHING!!!.

The poet’s “quote” on the Angelou stamp is “A bird doesn’t sing because it has an answer, it sings because it has a song.”

Maya Angelou didn’t say it or write it, at least, not before another author did. The exact quote appears on Page 15 of “A Cup of Sun,” a book by Joan Walsh Anglund, copyright 1967. Continue reading →

Does A Church Receiving Dirty Money Cleanse It, Or Can Only The Government Do That?

/ Jack Marshall / 17 Comments
I can see why that $300,000 didn't last long...

I can see why that $300,000 didn’t last long…

For some divine reason it appears to be church day at Ethics Alarms, though I attribute much of the phenomenon  to my #1 topic scout Fred, who has been on fire of late.

David McQueen was the architect of a ruthless $46 million Ponzi scheme. While filling his own bank account, he also gave generously to Resurrection Life Church in Grandville, Michigan, one of the so-called “mega-churches,” as you can see in the photo above. McQueen donated about $300,000 in a three-year period, beginning in 2006, when the church was involved in a building project. See? He wasn’t so bad!

Assistant U.S. Attorney Matthew Borgula is involved in effort to reimburse victims by recovering some of the money taken by McQueen. The $300,000 looked like a nice chunk to go after, so he sent an e-mail to the church elders asking, pretty please, if they would give the money back.

The church said “No.” Continue reading →

An Irish Gay Marriage Ethics Quiz: Ethics Hero, Ethics Dunce…or What?

/ Jack Marshall / 122 Comments

gay-marriage

It’s comforting, I think, to realize that the U.S. isn’t the only Western nation that is in cultural upheaval over the gay marriage issue.

The  Irish Government, for example, will be holding a referendum on same-sex marriage at the end of May, only two decades after homosexuality was decriminalized.  Now polls suggest that  almost 80% of the Irish people favor legalizing same-sex marriage. Kowabunga, or rather, Faith ‘n Begorrah!

 Father Martin Dolan, the long-time priest at the Church of St Nicholas of Myra in Dublin’s city center for 15 years, called upon his congregations at the Saturday night Mass and Sunday morning service to support same sex marriage in the upcoming Irish vote. Then he announced that he was gay himself.

Dolan’s revelation received applause and a standing ovation.

Your Ethics Alarms Ethics Quiz for the day:

Was this conduct by the priest ethical?

I have some observations.

1. Since the Catholic Church does not approve of homosexuality, I believe that it is doubly unethical for a gay man to be a Catholic priest. First, it is dishonest, and second, it is hypocritical.

2. Announcing that he is gay is a good campaign tactic, as his parishioners presumably admire him, but it is making a national and cultural decision personal.

3. Father Dolan, being gay himself, has a personal interest in the result. He is therefore not an objective advocate, and as a priest, giving guidance to a congregation, he is obligated to be objective and without conflict.

4. Yes, it is more ethical for him to disclose his bias than not. It is still a bias, and still taints his judgment and credibility on the issue.

5. If this is a moral, religious issue, then Father Dolan has jurisdiction to provide his guidance and advice. If it is a political question, then he is abusing his power and influence, and that is irresponsible. This involves a vote that isn’t binding on any church, which means the referendum is a political issue, not a religious one.

6. Verdict: abuse of power.

7. Is it ethical for a priest to directly challenge Church teachings as an official, employee and figure of authority in the Church, with a public statement he knows would not be approved by his superiors? No. It is a betrayal of trust.

My view:

The priest’s advocacy was unethical.

_______________________

Pointer: Fred!

Facts: Irish Central

Amazing! The Columbia School Of Journalism Just Boarded “Jackie’s” UVA Gang Rape Ethics Train Wreck

/ Jack Marshall / 59 Comments

train-wreck

An Ethics Alarms ethics train wreck occurs when a notable unethical act or event becomes a long-running ethics disaster that exposes not merely the ethics deficits of the original participants, but others who become involved later, including, among others, public officials, commentators, experts and pundits.

This might be the first time I have ever seen the organization specifically brought in to perform a forensic ethics analysis of what caused the wreck end up with its own ethics sullied. Incredibly, however, that is what has happened to the prestigious Columbia School of Journalism, which just delivered the definitive verdict on Rolling Stone’s abysmal journalism concerning a false accusation of a fraternity gang rape by a University of Virginia fraternity.

The Columbia Journalism School held a press conference today to discuss the details and implications of its findings regarding Rolling Stone’s (tardily) retracted article, “A Rape on Campus.”  Columbia Journalism Dean Steve Coll emphasize that the fiasco  was “the collective fault of the reporter, the editor, the editor’s supervisor, and the fact-checking department.”

“We don’t believe that ‘Jackie’ was to blame,” Columbia academic affairs dean Sheila Coronel added.

Wait: how can she possibly make such a manifestly dishonest statement like this? The woman who made the false allegations that resulted in the story isn’t to blame for the story? She was the one who claimed to be gang raped at a party that never happened, at a fraternity that didn’t have a party, by frat brothers who didn’t exist, using quotes that were never said. “Jackie” is not only to blame, she is the single person most responsible for the story, its botching by Rolling Stone, and the harm it did to the fraternity she accused and the University of Virginia. “Jackie” started this Ethics Train Wreck rolling: note that I named it, months ago, “Jackie’s” UVA Gang Rape Ethics Train Wreck, because while Rolling Stone’s incompetent and biased reporter and editors played insane engineer, throttling down and blindly driving the engine to disaster, it was “Jackie” who owned the train and shoveled the coal.  And she’s not to blame? Continue reading →

Double Standard Chronicles: Why Is Mocking The Rolling Stones For Their Appearance More Ethical Than Fat-Shaming Kelly Clarkson?

/ Jack Marshall / 19 Comments

Rolling Stones

It isn’t. It is just as wrong.

Fox’s Chris Wallace has apologized for making a gratuitous and unkind crack about pop singer Kelly Clarkson’s weight on a conservative talk radio show (he was suckered into it by the host, Mike Gallagher, who has also apologized to Clarkson.)

Today I have seen the above graphic circulating on Facebook with many “likes” and snarky comments about Mick and Keith’s faces.

My restrained reply is “Shut up, jerks, and show some respect.”

Original members Mick Jagger, Keith Richards and Charlie Watts are over 70 now. Nevertheless, they are embarking on another North America tour. They can still play, in some ways better than ever; Mick can still sing, and can still dance like a chicken. The Stones show passion and professionalism in every performance; those who have seen their concerts leave amazed. The Stones are not like the Beach Boys or the Turtles, croaking out 50-year-old hits to grandparents at county fairs. The Stones can still rock, still have musical integrity, still give their audiences their money’s worth and then some.

I wonder how many of the Facebook trolls writing about how the Stones, who are going to be 73 this year, look old—they are old, and so what? What exactly are they supposed to do about that?—know how hard performing at a professional level is, how exhausting it is, how it impossible to get to sleep for hours after a show because you are soaked with adrenaline, and how much wear and tear it places on the body, emotions and mind.

My guess? Very few. And very few of these obnoxious critics will be able to walk upstairs quickly at the age that the Stones are still rocking arenas. I give three hour, interactive ethics seminars, and I’m a lively speaker. After about two seminars in a week with the related travel, I am fried—and the Stones are expending more energy, more often, then I am. They are also a decade older than I am. I can’t be certain I’ll be able to do my Ethics Chicken Dance when I’m 73. They are an inspiration. Continue reading →