Missouri Judges Want Public Defenders To Violate Their Ethics Rules

“Hey, Julie! Here’s another drug possession case for you! Looks like a bad stop and frisk…”

The overworked public defender problem is a massive ethics and civil rights problem that few members of the public know about, and fewer care about.

Many cities have underfunded public defender offices, meaning that the mostly young lawyers working there who are charged with protecting the rights of indigent citizens accused of crimes have excessive case loads, often brutally excessive. In some states, judges have ordered the offices to accept no more cases until additional lawyers are hired, because a lawyer’s representation must be competent and diligent, and these ethical requirements become literally impossible to meet when a lawyer has accepted responsibility for too many cases. In situations where public defenders have argued that indigent clients should be able to waive competence and diligence requirements (since the alternative may be no representation at all), the argument has been rejected. Those ethical requirements cannot be waived. They are mandatory.

In his article on the subject, Professor Stephen Hanlon of St. Louis University Law School, a civil rights specialist, writes, Continue reading

Headed Straight Into The Ethics Alarms Massive “Nah, There’s No Mainstream Media Bias!” File: Bloomberg News Provides A Smoking Cannon

Let’s give credit to Bloomberg News for this at least: it isn’t trying to hide its capitulation to a conflict of interest and its abandonment of journalism ethics.

2,700 journalists working at Bloomberg L.P., the financial data company primarily owned by newly minted Democratic Presidential candidate Michael Bloomberg, were thus instructed  in a memo sent by John Micklethwait, Bloomberg Editorial and Research’s editor in chief:

“We will write about virtually all aspects of this presidential contest in much the same way as we have done so far. We will describe who is winning and who is losing,. We will look at policies and their consequences. We will carry polls, we will interview candidates and we will track their campaigns, including [Michael Bloomberg’s] We have already assigned a reporter to follow his campaign (just as we did when Mike was in City Hall). And in the stories we write on the presidential contest, we will make clear that our owner is now a candidate.”

However, the memo went on to say, Bloomberg’s outlets, including Bloomberg Businessweek and several industry-specific sites, will not perform in-depth investigations of  Bloomberg or any of his Democratic rivals.

Let’s be clear about what this policy means by looking at it from another angle. Bloomberg media outlets will only be seeking damaging news and creating critical “in-depth” analysis on one party’s candidate, that being the Republican party and its candidate, President Trump.. They will operate during the next year like Charles Foster Kane’s newspaper, the New York Daily Inquirer operated when the corrupt Orson Welles character was running for governor in “Citizen Kane.” Continue reading

Monday Ethics Left-Overs, 11/25/2019: Dog Dissonance, Chick-Fil-A’s Surrender, Yang, And Yar

Happy Holidays!

1 Trivial Ethics. In an old episode of “Law and Order: Criminal Intent,” the nautical termword “yar” came up. This was a Jeff Goldblum episode, and he remarked, in the odd, ironic, strangely reflective manner that is Jeff’s trademark, “Yar! Katherine Hepburn used that word in “The Philadelphia Story,” right? Yar? Who did she say that too?” His partner replied, with great certitude, “Jimmy Stewart.”

WRONG. Tracy Lord (Katherine) has two “yar” discussions, one with her fiance, played by John Howard, and another with ex-husband Cary Grant, who built boats. These scriptwriters are in show business, dammit. “The Philadelphia Story” is a classic. Nobody working on the TV show knew the right answer? Nobody bothered to check? This is how America’s collective minds get clogged with ignorance.

2. Now I can begin my personal boycott of Chick-Fil-A. Last week Chick-fil-A announced that next year it is officially cutting ties with the Salvation Army and the Fellowship of Christian Athletes (FCA), the charitable organizations that have sparked protests and boycotts against the chicken restaurant chain because they, and the chain’s CEO, Dan Kathy, are known to oppose same-sex marriage on religious grounds.

According to the chain, in 2018, its foundation donated $115,000 to the Salvation Army and $1.65 million to FCA. This is a big blow to both organizations.

“We made multiyear commitments to both organizations, and we fulfilled those obligations in 2018. Moving forward you will see that the Chick-fil-A Foundation will support the three specific initiatives of homelessness, hunger and education,” a representative said.

Translation: They capitulated to viewpoint bullying, and now others will feel empowered to use totalitarian methods to extort other organizations and businesses.

This issue was deftly covered in a major thread in last week’s Open Forum: Continue reading

Unethical Quote Of The Week: Michael Bloomberg

“I’m running for president to defeat Donald Trump and rebuild America. We cannot afford four more years of President Trump’s reckless and unethical actions. He represents an existential threat to our country and our values. If he wins another term in office, we may never recover from the damage.”

—-Former New York Mayor and billionaire Michael Bloomberg, announcing his quixotic, last-minute candidacy for the Democratic Party nomination.

Observations:

  • It was this quote that finally spurred me to compile the Seven Big Lies of “the resistance” into a single post today. Bloomberg’s lazy fear-mongering is allied to Big Lie #5: “Everything is Terrible.”

The main thing that is terrible to Democrats is that Donald Trump is President, and the main thing that is terrible to everyone else is that he has been harassed, interfered with, denigrated and prevented from doing what he was elected to do by three years of unethical efforts by the Democrats/ “the resistance”/ the mainstream news media alliance to remove him without an election.

  • “Existential threat” is shameless hyperbole and unsupportable. Essentially what Bloomberg is saying is that resisting policies like open borders, globalism, restriction of First Amendment and Second Amendment rights, race-based benefits, elimination of due process protections for men accused of sexual misconduct, abortion without restrictions, confiscatory taxation, and extreme climate change measures threaten the nation’s survival, though it has thrived this long without any of those.

The statement is  fact free, open- ended pandering to Trump-haters and radical Leftists.

  • What “damage”? The main damage is from the continued assault on our institutions, comity and democracy created by the three year assault on the Presidency. How is Bloomberg going to distinguish himself from the lackluster field if he resorts to  exaggerated Trump-bashing as his first point of attack?

If elected, Bloomberg would be the first Jewish President, the first President of the 20th Century who is shorter than 5’9″ (he’s 5’7, but adds an imaginary inch), and the least charismatic POTUS at least since Hoover. He’s 77, joining Elizabeth Warren, Bernie Sanders and Joe Biden as septuagenarians seeking to run against Donald Trump, who is 73.   His candidacy, like that of Deal Patrick, is an indictment of the current Democratic field, which reveals a party that has failed in its duty to develop responsible American leaders. Continue reading

The Big Lies Of The “Resistance”: A Directory, Updated (11/29/2023)

Introduction

The “Big Lie” strategy of public opinion manipulation, most infamously championed by Adolf Hitler and his propaganda master Joseph Goebbels, has, in sinister fashion, become a routine and ubiquitous component of the Left’s efforts to remove President Donald J. Trump from office without having to defeat him at the polls, and subsequently after his defeat, to attempt to prevent him from defeating a hopelessly inept failed successor. One of the most publicized Big Lies, that Trump had “colluded” with the Russian government to “steal” the Presidential election from Hillary Clinton was eventually exposed as such by the results of the Mueller investigation, the discrediting of the Steele Dossier, and the revelation that Democrats (like Adam Schiff) and the mainstream news media deliberately misled the public. and Democrats, with blazing speed, replaced it with another Big Lie that there was a “Constitutional crisis.” I could have added that one to the list, I suppose, but the list of Big Lies is dauntingly long already, and this one is really just a hybrid of the Big Lies below.

Becoming addicted to relying on Big Lies as a political strategy is not the sign of ethical political parties, movements, or ideologies. Perhaps there is a useful distinction between Big Lies and “false narratives,” but I can’t define one. Both are intentional falsehoods designed to frame events in a confounding and deceptive manner, so public policy debates either begin with them as assumptions, thus warping the discussion, or they result in permanent bias, distrust and suspicion of the lie/narrative’s target. For simplicity’s sake, because I believe it is fair to do so, and also because “Big Lie” more accurately reflects just how unethical the tactic is, that is the term I will use.

Big Lie #1. “Trump is just a reality TV star.”

This is #1 because it began at the very start of Trump’s candidacy. It’s pure deceit: technically accurate in part but completely misleading. Ronald Reagan was subjected to a similar Big Lie when Democrats strategically tried to denigrate his legitimacy by  referring to him as just an actor, conveniently ignoring the fact that he had served as Governor of the largest state in the nation for eight years, and had split his time between acting and politics for many years before that, gradually becoming more involved in politics and public policy. (Reagan once expressed faux puzzlement about the denigration of his acting background, saying that he thought acting was an invaluable skill in politics. He was right, of course.)

In Trump’s case, the disinformation was even more misleading, He was a successful international businessman and entrepreneur in real estate, hotels and casinos, and it was that experience, not his successful, late career foray into “The Apprentice” (as a branding exercise, and a brilliant one), that was the basis of his claim to the Presidency.

The “reality star” smear still appears in attack pieces, even though it makes even less sense for a man who has been President for four years. The tactic is ethically indefensible . It is not only dishonest, intentionally distorting the President’s legitimate executive experience and success,  expertise and credentials, it is also an ad hominem attack. Reality TV primarily consists of modern freak shows allowing viewers to look down on assorted lower class drunks, vulgarians, has-been, exhibitionists,  idiots and freaks. Class bigotry has always been a core part of the NeverTrump cabal, with elitist snobs like Bill Kristol, Mitt Romney, the Bushes, and George Will revealing that they would rather capitulate to the Leftist ideology they have spent their professional lives opposing (well, not Mitt in all cases) than accept being on the same team as a common vulgarian like Donald Trump.

With all of this, the final irony is that “The Apprentice” wasn’t even a true reality show.  It was an elimination  contest, with Donald Trump as the arbiter.

This earliest of the Big Lies backfired on its creators.  Trump’s adversaries began to believe it themselves, causing them to underestimate their adversary.  They realized, too late, that they weren’t running against poor Anna Nicole Smith, Kim Kardashian, or Scott Baio, but a tough, ruthless, confident street fighter with some impressive leadership and public speaking skills.

It is a mark of how flat the learning curve of the President’s adversaries is that they still think calling him a “reality TV star” shows anything but their own dishonesty and ignorance. Continue reading

The Topless Stepmother Conundrum: When Ethics Work Better Than Laws

MOM?!

A lawyer for Utah’s chapter of the ACLU asked Utah Judge Kara Pettit to rule that the state’s lewdness law violates the Constitution by treating women differently than men and thus violating the Equal Protection Clause. The  statute makes it a crime to expose “the female breast below the top of the areola” in the presence of a child in a private place “under circumstances the person should know will likely cause affront or alarm.”

Tilli Buchanan, 27, faces imprisonment, fines and the requirement to register as a sex offender for 10 years if convicted of violating the law, which she certainly did. Buchanan and her husband had been installing drywall in the garage, and they had taken off their shirts that had become scratchy from the fibers, she told reporters.  When her stepchildren, aged 9, 10 and 13, walked in, she “explained she considers herself a feminist and wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing,” her lawyers wrote in court documents. Here’s Tilli…

Just kidding.

Lawyer Leah Farrell of the ACLU says the law requires women to do a “mental calculation” about whether going topless would cause alarm. But men can go shirtless without violating the law and without making that calculation. “That really sets up an unequal and unfair dichotomy,” Farrell says.

Prosecutors say that Buchanan stripped in front of the children and  was under the influence of alcohol at the time. They also claim she said she would put her shirt back on if her husband showed her his penis.

Ick. Continue reading

End-Of-Week Ethics Inventory, 11/24/19: Really, Really Bad Mood Edition

Worst…Ethics Alarms…Week…Ever!

Or so it seems, anyway. Have people already started ignoring life for Thanksgiving? Or am I being punished for not being able to squeeze enough posts out while driving, flying, typing in crowds and moving in and out of various abodes while trying to work? To make it worse, there was a lot going on that required some time and solitude to research and analyze, and I just didn’t have it. I also managed to make myself sick. Tuesday and Wednesday had the worst non-holiday mid-week traffic of 2019, and Saturday had the lowest number of visits for that day in three years.

Well, as Andy Kinkaid, my late, cynic-philosopher college roommate, a ruined Vietnam veteran,  used to respond several times each day to every argument, disappointment, tragedy, catastrophe, and piece of bad news as he smiled and retreated to his darkened room to get stoned, “Fuck it, right?

1. Apparently there is a copyright battle over the obnoxious catch-phrase “OK, Boomer!,” the viral dismissive insult being hurled at Baby Boomers who dare to question the wisdom, passion, and hive-mind beliefs of Gen. Z-ers and Millenials. It looks like all such efforts to “own” the phrase are doomed, because it has rapidly become so ubiquitous as a put-down so quickly that nobody can prove it originated with them.

Has it occurred to any of the smug little snots brushing aside their elders that this is nothing but a personal ad hominem attack without substance, no more fair or valid, and just as rude and bigoted, as “Shut up, bitch,” “Go home to your mother, Pee-Wee,” or “Get a job, Pedro”? As a Baby Boomer, I think we ought to agree on a standard retort to “OK, Boomer” of equal substance and wit, and I hereby nominate “Keep flailing, Dumb-Ass!”

2. Speaking of Millennials, a New York Times social columnist informs me that they have decreed that on-line the term “OK” or “Okay” is now considered rude, and the proper term is “k-k,” which sound to me like a Klan chapter short of members, or someone with a stutter. Just because you want to create ugly and pointless new conventions to metaphorically mark your cyber-territory doesn’t mean I have to assent.

And no, I never have and never will use LOL or LMAO. They’ll have to shoot me first. Continue reading

#MeToo Ethics: No, Complimenting Someone’s Appearance Isn’t Sexual Harrassment

(Though it can be.)

The Economist surveyed five different countries, asking respondents what kind of  conduct they viewed as sexual harassment.

Some examples (such as requesting a sexual favor) were obviously inappropriate, and were classified as such across all countries. Asked if a compliment on a woman’s appearance  could be classified as sexual harassment,  U.S. were a different matter. roughly a third of those under 30 in the U.S. answered, “Yes.”

Here’s the survey….

Thus we see how #MeToo propaganda has succeeded in convincing a large proportion of Americans that the simple act of engaging in the long-standing, traditional  social balm of being nice should be avoided and even punished. For them, an innocent compliment must be regarded with suspicion. Since whether an arguable sexually inspired comment  makes the recipient “uncomfortable” and is therefore “unwelcome” is the necessary predicate to a sexual harassment complaint and law suit. Continue reading

Not Protesters, Just A Mob

Giving a mob the dignity and legitimacy of referring to them as “protesters” just encourages them. A prime example occurred two days ago in New Haven, at the traditional Harvard-Yale game, the culmination of the Ivy League college football season. Personally, I wouldn’t have crossed the street to attend the 136th edition of “The Game,” though I witnessed the most famous of the them all, 1968’s 29-29 tie. Nonetheless, what a bunch of climate-addled demonstrators inflicted on a large group of students and alumni just trying to have a good time enjoying football, traditions, nostalgia and camaraderie  should not be romanticized. The “protesters” are arrogant, disrespectful and anti-democratic jerks. Boola-Boola.

A large mob of Yale Bowl spectators rushed the field at halftime, demanding that Harvard and Yale divest themselves of investments in fossil fuel and energy companies, delaying the start of the second half by nearly an hour, and causing the game to finish in near-darkness. Students from both schools, who didn’t care who they hurt or inconvenienced, rushed to midfield as soon the Yale band finished performing. ( At least they could have done it while the Yale band was performing…)The contest resumed after the Yale police issued 42 summonses for disorderly conduct. But the wasted hour threatened game’s finish:  the Yale Bowl lacks stadium lights, and the game went to double overtime. Yale won just before it became too dark to play.

The Ivy League referred to the protest as “regrettable.” and Yale said that while it “stands firmly for the right to free expression,” it added that “the exercise of free expression on campus is subject to general conditions, and we do not allow disruption of university events.”

So will Yale suspend or expel any of the mob? Of course not.

Protesters that set out to get attention by disrupting the lives of law-abiding citizens engaged in innocent activities are low-level terrorists. They aim to bypass democracy by creating implicit threats, hoping that their adversaries will surrender to just shut them up and avoid the annoyance. Continue reading

Ethics Warm-Up, 11/23/2019: Sitting Around In Airports Edition

Personally, I’d prefer the Baby Shark Dance.

I have been in the Las Vegas airport for more than an hour now, and the only music continuously playing has been Wayne Newton, circa 1965. You know, “Red Roses for a Blue Lady,” and “Danke Schoen.” No wonder Millennials think we’re lame.

Las Vegas is depressing. Everywhere you go, there are lonely, aging, shabbily-dressed people sitting around looking lost, or chain smoking while they roboticly lose their money at garishly flashing gambling machines. It occured to me that the same addiction processes might be at work here as hwatever causes people today to stare at their smart phones rather than interact with the people around them. I saw a lot of that in Vegas too.

Today is my wedding anniversary, and I’m spending most of it in airplanes and airports. We chose November 23, changing the date by one day, because I didn’t want our anniversary to coincide with JFK’s assassination. ( Then my father, perverse as always, chose to die on my birthday…). Yesterday I had dinner with seven lively, intelligent people ranging in age from 25 to 45, and asked them if they knew the significance of the date, November 22.  None did.

1. What IS this? The band Coldplay made news yesterday when it announced that it would no longer tour because of climate change. Presumably they are trying to avoid the hypocrite label being affixed to celebrity climate hysterics whose carbon footprint is approximately that of whole towns, as they jet around the world to tell everyone that they are doomed. Or were they just sick of touring, which is, I say mid-ethics tour, no fun after the novelty wears off, and wanted virtue points through grandstanding? This we do know: whether Coldplay tours or just hangs out in recording studios will have no impact on climate change whatsoever. I assume they know that.

2. Virginia counties are discussing becoming “gun sanctuaries, in anticipation of the Democrat majority legislature and governor enacting gun-hostile legislation. Whether it is guns or illegal aliens, this is a dangerous and unethical trend. States, cities and counties must not be able to just defy the law. There needs to be a set of legal penalties established for this conduct.

3. More from the Old Dominion State! Historical airbrushing and statue-toppling continues in Charlottesville, which proved that it’s not just Robert E. Lee and Confederate generals that it wants erased from history. The City Council voted to remove a statue depicting Meriwether Lewis, William Clark and Sacagawea, their Shoshone interpreter, because the latter isn’t represented in a posture that activists approve of. Continue reading