Character

The Lawyer Disability Conundrum

/ Jack Marshall / 2 Comments

I frequently discuss lawyers continuing to practice under temporary disabilities, like bad colds, flues, serious pain (like migraines) or painful injuries. The lines are blurry indeed, but if a condition causes a lawyer to be sub-par in serving a client’s needs, the client should be informed, and the lawyer should be prepared to either delay the matter or find a replacement. Progressive disabilities, like age-related declines in stamina and cognitive ability, also have to be taken seriously by an ethical lawyer and dealt with responsibly in the best interests of clients.

Missouri has a rule that allows for a court to suspend a lawyer after an adjudication of disability or incapacity. This week the Missouri Supreme Court summarily suspended a lawyer after the lawyer had been found disabled by a Social Security judge. She has medical issues affecting her eyesight, back, and hands,and she also suffers from chronic migraines. Her lawyer insists that her judgment has not been affected, and that she is still capable of competent and zealous representation of her clients. The applicability of the Americans with Disabilities Act is obviously an issue.

The suspended lawyer cites the precedent of Paul Alexander, a recently deceased Dallas lawyer who specialized in ADA cases. He graduated from the University of Texas School of Law. Alexander had polio as a child, which rendered him a quadriplegic. He used an iron lung except when a case required him to leave his workplace in a wheelchair and practiced law for more than 40 years typing on his personal computer using a device he held in his mouth. Alexander also painted and wrote a book.

Presumably his clients were aware of his disability ans consented to his representation of them despite his disability. Presumably also, he would have been suspended in Missouri. Still, is the proper standard to be applied to all lawyers reasonably embodied by Paul Alexander, who was an outlier by anyone’s definition?

Ethics Verdict: The President’s Executive Orders On Chris Krebs and Miles Taylor

/ Jack Marshall / 8 Comments

This is easy: irresponsible, petty and stupid.

President Trump signed a pair of executive orders directing that there be federal investigations and other sanctions against high-profile administration critics from his first term. The first is former homeland security official Miles Taylor. He’s the jerk who wrote the anonymous New York Times op-ed in 2018 boasting about how he and others were working behind the scenes to sabotage the first Trump term. describing an internal resistance to Trump in his first term. The other is Christopher Krebs, the former head of the Cybersecurity and Infrastructure Security Agency (CISA), who worked to oppose Trump’s claims that the 2020 election was “fixed” and “stolen,” and was was subsequently fired.

In the case of Taylor, the President implied in his remarks that he engaged in “treason,” which is a stretch, to put it lightly. Krebs was fired: that should have been punishment enough. In either case, Trump has bigger fish to fry, as the saying goes, and these orders do nothing to advance his agenda.

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Some Funny Things Happened on the Way to the Ethics Alarms Friday Forum…

/ Jack Marshall / 23 Comments

Last week’s open forum was wild, man, and I hope today’s can be as lively.

Based on the early returns, there’s a lot to bloviate about in the ethics world. The amateur golf champ playing in the Masters was caught pissing into a creek on n the 13th hole at Augusta National golf course. Pennsylvania judge Sonya McKnight was just convicted of shooting her sleeping boyfriend in the head. (Seems awfully judgmental…). Almost all Democrats in the House voted against the bill requiring voter ID in Federal elections. Yes, their determination to prove the cognitive dissonance scale wrong continues apace! A black Congressman tried to discuss issues with a Trump-Deranged white female and was called a “race traitor”…

…and we learned that after VP JD Vance’s March visit to Pituffik Space Base in Greenland, the Col. Susan Meyers, the commander of the 821st Space Base Group who also oversees the Pentagon’s northernmost military base, issued a gratuitous email to the base’s personnel stating that he did not speak for her of the base. What an idiot. (She was fired.) Finally, we have this stupid incident, in which Frontier Airlines let a woman fly to Puerto Rico with her “emotional support parrot” but wouldn’t let the bird on the return flight. (Gift link.)

Be careful. It’s stupid out there…

Nobody Should Trust The News Media Anyway, But Trusting It After This Is Unconscionable…

/ Jack Marshall / 7 Comments

How infuriating.

Ex-NBC News chief political analyst and “Meet the Press” host Chuck Todd was a guest on “Piers Morgan Uncensored” on yesterday, and when Morgan asked Todd “why was the mainstream media so reluctant” to cover President Biden’s mental state, especially when “everyone was seeing [it] with their own eyes,” Todd offered this: “The only thing I can chalk it up to is this, whatever you want to call it, this fear that some members of the media had sometimes that they would be perceived as helping Trump if they somehow diminished Biden, right?”

NO, you despicable asshole, NOT right! Your job is to report the facts that the public not only should know but has to know in order to govern themselves effectively, not to decide which facts will benefit a particular individual, policy or party and censor accordingly. Right before that damning statement, Todd said the American public should have been able to figure out that President Biden was failing cognitively because the media had been “subtle” in its coverage. “I would argue the reason people were able to come to their own conclusion on Joe Biden is because of the media coverage,” Todd said. “Look, we were subtle. ‘He’s using the back staircase. He’s not using the front staircase.’ ‘Hey, he’s not doing any interviews.’”

This isn’t a game of charades, you incomparable fool! The public isn’t supposed to have to guess what’s going on based on the clues you and your fellow propagandists for the Democrats are willing to reveal.

Over at Instapundit there has been a mantra repeated often lately: “No matter how much you hate these people, it isn’t enough.” Todd, the most inept and untrustworthy host of “Meet the Press’ in its long and once distinguished history, is among the worst of the worst in his field: he’s biased, he’s partisan, and he’s just not very bright.

The Naked Mayor Principle ( or “What an Idiot!”)

/ Jack Marshall / 5 Comments

Tom Ross, the “non-partisan” mayor of Minot, North Dakota, has resigned. Guess why. He accidentally sent an explicit nude video of himself to City Attorney Stefanie Stalheim. For some reason, this moron waited for a city investigation to be completed before doing what he should have done the moment it happened, which was back in January. The investigation found that the mayor and Stalheim had concluded a town business related phone call about a Minot police officer who had committed suicide and the mayor sent her the “Ew!” video shortly thereafter.

Ross insisted he sent the video to the wrong address and had intended to send it to his girlfriend. So what? The Naked Mayor Principle, though never explicitly stated here because no previous mayor has been this stupid (or stupid in this particular way), is a natural corollary to the Naked Teacher Principle, which states that a secondary school teacher or administrator who allows pictures of himself or herself showing the teacher naked or engaging in sexually provocative poses to be seem online cannot complain when he or she is dismissed by the school as a result. A high elected official who sends such a photo or video to an employee is in an ethically similar position. Bye!

The frisky mayor handed over his resignation letter prior to a Minot City Council special meeting called to deal with the scandal. The city investigator found that due “to Ross’s position as one of increased visibility, responsibility, and trust, and due to his decision to use a personal cell phone to conduct city business, that the fact that he would use that device to record and send videos of this nature is in and of itself reckless enough that he knew the risk he was taking by engaging in such behavior.” Yah think? The investigator also concluded that the incident met the city’s standard for workplace harassment, whether or not it was accidental. I don’t know about that, but it doesn’t matter. The town’s mayor takes naked photos of himself and sends it to people. Ick. Pooie. Elected officials shouldn’t be behaving like teenagers, even competently. He’s an idiot. Idiots shouldn’t be mayors.

Case closed.

Fencing Ethics: What’s Going On Here?

/ Jack Marshall / 28 Comments

I’m afraid I don’t know enough about fencing to comment as intelligently as I need to regarding this episode, but I’m going to charge on anyway…

USA fencer Stephanie Turner was scheduled to face Redmond Sullivan at the Cherry Blossom Fencing Tournament held at the University of Maryland. As the match was about to begin, however, Turner “took a knee” and removed her mask, signifying that she would not compete against Redmond the Division 1A Women’s Foil event. Redmond, you see, is a formerly male fencer who has recently “identified” as female. Turner had decided that as a matter of principle she would not compete in women’s fencing against a “man.” “I saw that I was going to be in a pool with Redmond, and from there I said, ‘OK, let’s do it. I’m going to take the knee’,” she explained

After her protest, Turner was slapped with a “black card” signifying that she was suspended and out of the tournament.

“I knew what I had to do because USA Fencing had not been listening to women’s objections,” Turner said. “I took a knee immediately at that point. Redmond was under the impression that I was going to start fencing. So when I took the knee, I looked at the ref and I said: ‘I’m sorry, I cannot do this. I am a woman, and this is a man, and this is a women’s tournament. And I will not fence this individual.'”

U.S. Fencing responded with a wokey, weaselly statement undoubtedly drafted by the DEI Dept.:

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An Unsolicited Letter From Ashley Madison…

/ Jack Marshall / 4 Comments

Today this unwelcome turd turned up on my mailbox from a “Kerry Brad”…

Good morning!
What if I told you the typical Ashley Madison member isn’t a reckless playboy but a brown-haired engineer, a highly successful Virgo, and – more often than not – the eldest child in their family? New data from Ashley Madison, the discreet dating platform with more than 80+ million members worldwide, reveals a surprising reality about who’s engaging in non-monogamy – and it’s not who you might expect.

The numbers tell a fascinating story:

  • More than one-third (33%) of respondents say they’re happy in their marriages/relationships.
  • 70% of members stick to just one affair at a time, debunking the myth of serial cheaters, while only 2.7% have had four or more affairs simultaneously.
  • Women seek affairs earlier than men – 13% of women have been in their relationship for less than a year before looking elsewhere, compared to just 3% of men.
  • While men in engineering and trades make up a significant portion of members, women in sales, IT, and law enforcement also turn to affairs.
  • Virgos, Geminis, and Scorpios are among the most likely to stray.

This data challenges everything we think we know about who joins Ashley Madison and why. I’d love to connect you with Paul Keable, Chief Strategy Officer at Ashley Madison, who can dive deeper into the typical profile of an Ashley Madison member, what this reveals about modern relationships, and more. Let me know if this data would be a fit for an upcoming story. I look forward to hearing from you, either way!

The letter cam complete with a copy of the company’s member survey. Not familiar with Ashley Madison, you lucky stiff? Its website homepage used to welcome viewers (maybe it still does; I am not moved to check) thusly:

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Baseball Ethics: Now THIS Is Cheating…

/ Jack Marshall / 5 Comments

Yesterday I discussed the silly controversy over “torpedo bats,” which are completely legal despite some commentators who should know better calling the use of them by some players “cheating.” Lo and Behold, no sooner had I posted that essay than news of a player being caught really cheating shook the baseball world.

Major League Baseball announced that Braves outfielder Jurickson Profar has been suspended for 80 games after testing positive for the performance-enhancing drug Chorionic Gonadotrophin (hCG). Profar will be able to return during the season but won’t be eligible for the playoffs this year: that’s the restriction and part of the pentalty for all players in the year they serve a PED suspension.

The Braves released a statement that began, “We were surprised and extremely disappointed to learn that Jurickson Profar tested positive for a performance-enhancing substance in violation of Major League Baseball’s Joint Prevention and Treatment Program.”

Why were they surprised?

I wasn’t.

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President Trump’s Third Term Fantasy

/ Jack Marshall / 13 Comments

We’re back in Julie Principle territory again, unfortunately: “Fish gotta swim, bird’s gotta fly, Trump’s gong to keep saying crazy stuff to make progressives cry…” This is a particularly annoying example. Just as the position of Ethics Alarms is that trusted professionals do not have the luxury of pulling April Fool’s Day hoaxes on the public, it is also unethical for Presidents of the United States to deliberately raise phony issues for public consumption.

The President began raising the possibility of a third term almost from the moment he was elected to his second. It is, of course, impossible. The Constitution forbids it quite unambiguously thanks to the 22nd Amendment, the eventual Congressional reaction to Franklin Roosevelt shattering the unwritten rule, set by our first President, that two elected terms is enough. Over the weekend, Trump said he was “not joking” about there being “methods” to circumvent the two-term limit. No, there really aren’t and never mind that: Trump is 78 years old, not exactly in peak physical condition, and would be 86 at the end of a third term. The real question is whether he can complete this one.

Trump was even sparking speculation about a fantasy race between him and Barack Obama in 2028 for an unconstitutional third term, and a depressing number of morons on social media are taking it seriously. Yes, Dana, that’s your cue…

Here’s what’s happening. I was pondering Trump’s nonsense, and concluded that there are three things going on here, only one of which is substantive:

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Thoughts and Musings While Re-Watching “It’s a Mad, Mad, Mad, Mad, World,” Continued: Yes, It’s An Ethics Movie

/ Jack Marshall / 1 Comment

Before I leave the first installment of this post and move on to the film’s ethical significance, I should mention that “It’s a Mad, Mad, Mad, Mad, World” caught a cultural wave perfectly, accounting for its box office success. In this it was just lucky, and that moment in time is now long gone, which is why the film appeals to me from a historical perspective more than as entertainment.

There have been many attempts to mine the same property for laughs, and none of the offspring of IAMMMMW have equaled its model in reputation or box office success. Blake Edward’s “The Great Race,” just two years later, was billed as the most expensive movie comedy ever made, and bombed. (Peter Falk is in both IAMMMMW and “The Great Race.”) In 2001, the “Airplane!” gang made “Rat Race,” which was obviously inspired by Kramer’s opus. It had a less starry cast (of course) and made a profit, but was generally regarded as a second rate (second rat?) version of the original. “Scavanger Hunt was a 1979 rip-off with a more IAMMMMW-like ensemble cast, and was a flop. Lesser attempts to recycle the film’s formula, “Midnight Madness” and “Million Dollar Mystery” (note the “m” alliterations) were even more embarrassing failures.

On to the ethics…Much was made of the fact that director Stanley Kramer had never directed or produced a comedy before. In fact, his career output was ostentatiously serious, and often criticized as preachy and overly preoccupied with moral-ethical conflicts. Among his most famous movies are “Judgement at Nuremberg,” “Guess Who’s Coming to Dinner,” “Inherit the Wind,” “The Defiant Ones,” “On the Beach” and “Ship of Fools.” I’m sure that part of Kramer’s motivation for directing a huge slapstick comedy was to show his versatility, just as Spielberg felt that he needed to direct a movie musical with “West Side Story.” However, viewed in light of the times and Kramer’s artistic sensibilities, IAMMMMW now seems schizophrenic, a silly comedy with serious social commentary…and both parts undermine each other.

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