Character

Ethics Hero: Thomas McGregor

/ Jack Marshall / 23 Comments
"Just paying off my student loans..."

“Just paying off my student loans…”

One of the criteria for admission to the practice of law is proof of good character, and what is considered proof of bad character will keep even a stellar law grad out of the courtroom. Bad character can be inferred from many kinds of conduct—criminal convictions, lies under oath, and failing to meet financial obligations, among others. The latter has occasionally blocked an otherwise qualified young lawyer from entering the profession when unpaid debts get out of hand, and that means that the most prominent unpaid debts in recent headlines, student loans, can sometimes foil a legal career. New York law grad Robert Bowman, last I checked, was still trying to convince the New York Bar that being over $400,000 in debt on his student loans didn’t mean he wasn’t fit to practice law. So far, he hasn’t succeeded.

Maybe he should follow the lead of Thomas McGregor.  Continue reading →

Should Steroid Users Make Baseball’s All-Star Team? Should Felonious and Hypocritical Ex-Governors Be Elected Comptroller?

/ Jack Marshall / 8 Comments

Bartolo and Eliot

USA Today sports columnist Christine Brennan made what I assume will be a controversial argument that baseball players who have tested positive for steroids at any point in their careers should be permanently banned from being honored with inclusion on baseball’s All-Star teams. This is controversial, because a lot of misguided souls, including sportswriters, think that proven steroid cheats ought to be allowed into baseball’s Hall of Fame, a much greater and more significant career honor. The issue arises because Oakland pitcher Bartolo Colon, who last year tested positive for banned PED’s (Performance Enhancing Drugs)and was suspended for 5o days, has been selected for the American League All-Star squad. Brennan writes,

“Colon, and every other performance-enhancing drug user in baseball, should never be allowed to become an All-Star, or win any MLB award. No Cy Young, no MVP, no batting title, no nothing. It doesn’t matter that he was caught and suspended last year, not this year…The bottom line is, you don’t suddenly become a non-cheater once your suspension is over. Colon is 40 years old, yet he’s having his best season in eight years. Where have we heard that before? Even though last year’s illegal testosterone isn’t still in his system, it helped build the body that he is using today…Because Colon and his tainted body are in the All-Star Game, someone like (Tampa Bay pitcher Matt) Moore is not. He has the same record as Colon, 12-3, but with a higher ERA, 3.42 to Colon’s 2.69. We’re presuming, of course, that Moore is not on PEDs, which means his season is more impressive than Colon’s because it isn’t built on a chemical foundation as Colon’s is…It’s a privilege to receive these honors, not a right. They are extras, add-ons, awards to be cheered. They do not belong to the Brauns, A-Rods and Colons of this world. Those players should be given absolutely nothing to celebrate.” Continue reading →

The Cabbie’s Ethics Tale

/ Jack Marshall / 7 Comments

Back of a cab

A frustrating aspect of my business travel, other than that raw fact that travel itself is inherently frustrating, is that I accumulate a backlog of ethics issues but am often unable to take the time to write about them until I return home, where I am again free of airplane delays, unreliable internet connections, sleepless nights and dimly lit hotel rooms apparently designed for the comfort of Jose Feliciano. The occasional compensation arrives in the form of enlightening conversations with fascinating people.

One of these was a cab driver on my latest trip. We shared the same space on an interminable ride from the airport to the hotel, the last leg of a theoretical ninety minute journey that stretched into 6 horrible hours. He was an educated, articulate, lively minded man whose life story (so far) would make an entertaining, if inherently incredible, movie. An African American son of two wealthy academics, he misbehaved in a ritzy private school and was sent, as punishment, to finish his high school years in an inner city private school. There he encountered drugs, gangs, bullying and racism, and became a strong social conservative. He dropped out of high school, entered the military and ended up in the Special Forces in the Middle East; he returned, graduated from college, went into the financial industry, rose quickly, got rich. He told me that he saw all of the cheating and manipulation in his own company and the industry in general, but did nothing about it (the money was too good, he said). Then came the crash. He lost everything, including his wife and kids, in the carnage. Resolved, he said, to work for justice and ethics, my driver had just graduated from law school and flunked his first try at the bar exam. (So did my dad, who would have liked this guy a lot.)

We got on the topic of the “bystander syndrome” and our duty to intervene and sometimes confront wrongdoers even at some personal risk—-the subject came up in the context of the Brooklyn EMT who has  been cleared of criminal charges arising from her refusal to assist a pregnant woman who had a heart attack (The EMT was on break, you see. I wrote about that terrible incident here. ) My cabdriver was a large, burly man, but he said that every time he intervened to confront a wrong doer in public, he feared that he would be shot. Once, when he stopped a man in a wheelchair from beating the man’s apparent girlfriend, he told me, my cabbie found himself staring down the barrel of a .44. This story, however, had a very different resolution: Continue reading →

Gov. Bob McDonnell And The Compliance Dodge

/ Jack Marshall / 32 Comments

GiftsThe bottom line is that Virginia Governor Bob McDonnell accepted what looks to any objective observer like a bribe–several bribes, in fact—and whether he is in technical compliance with his states laws and ethics rules doesn’t change the fact that he is, by definition, corrupt and untrustworthy.

McDonnell, once considered a rising star in the national GOP firmament–and who knows? Considering the competition, he may be still!—has been steadily soiled and diminished by  revelations of dubious gifts and payments to his family and a corporation jointly owned by him and his wife by wealthy businessman Jonnie R. Williams Sr, chief executive of dietary supplement manufacturer Star Scientific Inc. So far, the gifts and payments appear to include, Continue reading →

“Ghosting” Is Unethical

/ Jack Marshall / 27 Comments
I don't care if you are dead, Marley; when you leave my party, say good-bye.

I don’t care if you are dead, Marley; when you leave my party, say good-bye.

Slate contributor Seth Stevenson has an interesting justification for being rude: good manners are too much trouble.

This is the way the world ends, as T.S. Elliot would say.

Stevenson argues that instead of saying goodbye and thank-you to one’s host at a party, the best way to exit is “the Irish good-bye,” or in its non-ethnic stereotype form (Irish guests are presumed too drunk to say good-bye, you see), “ghosting.” “Yes, I know,” he writes. “You’re going to tell me it’s rude to leave without saying goodbye. This moral judgment is implicit in the culturally derogatory nicknames ghosting has been burdened with over the centuries.” That sentence is signature significance for me: Stevenson is an unethical jerk. I get comments and e-mails all the time accusing Ethics Alarms of “moralizing” or being “sanctimonious” when I write that obviously unethical conduct is obviously unethical. That’s because unethical people who do unethical things feel much better about themselves if nobody calls them on it, so they can maintain, as one recent commenter did here who was, I’m proud to say, chased away by the rest of you (and me) with torches and pitchforks, that ethics is “100% subjective”—Translation: “If I want to do it, it’s ethical.”

That’s essentially Stevenson’s reasoning, too.  “Is it really so bad to bounce without fanfare?,” he asks. Continue reading →

And This, Craig, is Why Barry Bonds Should Only Get In The Hall Of Fame With A Ticket

/ Jack Marshall / 17 Comments
Blame Barry, Chris.

Blame Barry, Chris.

In Baltimore, a young, slugging first baseman is leading the charge to get the Baltimore Orioles into the American League play-offs. He is on a home run pace that could net him 60  or more, and fans voted him the starting first baseman on his league’s All-Star team. Because his production this year far exceeds anything he had accomplished before, however, Chris Davis’s emergence isn’t being celebrated as much as it is being suspected. Another steroid scandal looms over major league baseball, one which threatens to engulf two former MVPs, as well as other players. Fans and sportswriters don’t trust players any more, or their power totals, not since Mark McGwire and especially Barry Bonds juiced and injected their way to shattering the game’s home run records.

This bothers lawyer/baseball blogger Craig Calcaterra, and it should., as someone concerned with justice. Of the smearing of Davis, he calls it…

“…utterly baseless speculation; Davis has always had tremendous power but is now, in the past year, matched it up with better plate discipline — is the product of a media landscape which has decided that every power hitter is a ‘roider. Jose Bautista got this treatment a couple of years ago. Davis is getting it now. Everyone who engages in this business does so because they’ve been convinced by the baseball media that such speculation is not just justified but necessary. It’s neither of those things. The drug testing system put in place had avoiding these parlor games as one of its primary justifications. But that’s not good enough for some, apparently.” Continue reading →

More Ethics Of Terrible Secrets : Falling Bullets, Moral Luck, And The Accountability Check Of A Lifetime

/ Jack Marshall / 58 Comments
Somebody's happy!

Somebody’s happy!

Seven year-old Brendon Mackey was walking with his father in the parking lot of the Boathouse Restaurant in Midlothian, Virginia at around 9 p.m. last Thursday when a bullet, apparently shot into the air by a Fourth of July celebrant, fell through his skull, killing him.

“We don’t think this was an intentional shooting. We think that somebody in or around the area was celebrating the Fourth of July. Unfortunately we think they were shooting a gun in a reckless manner and this young boy is a victim,” a police spokesman told the media. The bullet, experts say, may have been fired as far as five miles away.

There is an investigation ongoing, but if history is any indication, Brendon’s killer will remain a mystery. Last Independence Day, a Michigan State student, engaged to be married, was killed the same way, by a bullet believed to have been launched into the sky by a celebrating stranger. Michelle Packard was 34. This spring, her still grieving  fiancé committed suicide.

Has a reckless celebrant with a gun  ever stepped forward voluntarily to accept responsibility for causing such a tragedy? I cannot find any news accounts that suggest it. Deaths from stray bullets fired into the air are rare: most fall to earth harmlessly, and even when they hit someone, the result is seldom a fatality. Still, firing a gun skyward is illegal, and truly reckless and stupid. My father told me that during World War II, he warned the men under his command that he would see that anyone firing a weapon into the air without good reason would be court martialed. “They really seemed surprised when I told them that the bullets came down,” he said. Continue reading →

Keeping Terrible Secrets

/ Jack Marshall / 15 Comments

shhhhSomeday I should have an ethics quiz asking which advice columnist is more unethical, Chuck Klosterman, “The Ethicist,” or Emily Yoffe, Slate’s “Dear Prudence.” That horrible exercise is for another day, however. Right now, I am only considering Emily’s latest botch, in which she urged a mother with a guilty conscience to take her terrible secret to her grave.

The secret in question is that the woman asking Emily’s counsel conspired to get pregnant via her gullible, not-ready-to commit boyfriend, who thought she was using birth control. Now it’s 13 years later. She and the double-crossed father are  happily married to other people, in different states, though he “is involved” in his daughter’s life, whom he accepted as his own. Mom never told him what she had done, and he believes that his daughter was an accident, leading him to stay with the family for the child’s first three years.  “Prudence’s” questioner concludes,

“…I had decided that I would go to my grave never telling anyone what I had done. Recently, a friend became pregnant after a one-night stand. Everyone assumes that was an accident, but she confided in me that she had been seeking out sex with the purpose of getting pregnant. I was so relieved to meet someone else who planned an “accidental” pregnancy that it made me wonder if I should open up about my secret. But I’m afraid if I told Ben it might change the way he interacted with Holly. My questions are: Am I some kind of monster for getting pregnant on the sly? And should I come clean, and if so, who should know?”

What? The reply to this should take about 20 seconds of thought to answer:

  • You’re relieved that one of your friends is a lying, betraying fraud? Don’t turn your back on her; I’m warning you.
  • Of course you should tell “Ben,” since he’s the one whose life was turned upside down by your selfish perfidy and deception.
  • “It might change the way he interacted with Holly,” eh? You mean “he might not send quite so much money to you to take care of Holly,” don’t you? Too bad. This is your doing, your lie, and your fault. “I don’t like the potential consequences of telling the truth” is not a justification to keep lying.
  • Yes, indeed you are some kind of monster. What you did was despicable, cowardly, cruel and wrong. Ben might be a prince about it (“Ah, that’s all water under the bridge now! The important thing is that we have our beautiful little girl, and nothing else matters!”), or he might call his lawyer. That’s his choice, and he has an absolute right to have the facts to make it his choice.

Emily, however, reasons otherwise. Don’t tell him, she counsels…

  • “Your act doesn’t make you a monster…” Yes, it really does. Didn’t we establish this in “An Officer and a Gentleman”?
  • “…nor do I think there’s any benefit to enlightening everyone now.”  That’s Ben’s call. The Golden Rule says that he’d want to know that he was tricked, and has been living a lie for over a decade. I sure would. I like to know just how trustworthy the people I associate with really are.
  • “Both you and Ben rose to the occasion and neither of you would express regret that you’re parents to Holly.” Consequentialism! So what? What if she were a rebellious, hateful, crack-addicted thief? The fact that thing turned out all right doesn’t justify the lie or keeping it hidden now.
  • “…At this late date, however, your coming clean would only cast a shadow over your character.” A character that richly deserves such a shadow.
  • “You are deeply remorseful for what sounds like a singular act of substantial deceit.”  What difference does it make that it’s a single act? A single act is enough. And this wasn’t “deceit.” This was a lie.
  • “There’s nothing to be gained by telling your husband and making him uneasy about your essential honesty.” I’d say one’s husband has the right to know the character of who he’s married to. 
  • “You and your friend are also hardly the only women to deliberately get pregnant without letting the man in on your plan, as objectionable as that behavior is.” Oh, that’s terrific, Emily. The old “you’re not the first” rationalization, a particularly dumb variation on “everybody does it.” The conduct is horribly wrong, and the first person to do it is no worse than the 2,342nd.

Gee, I wonder what Chuck would say.

________________________________________

Facts: Slate

A Prosecutor Lies, But It’s For A Good Cause…

/ Jack Marshall / 7 Comments
Yes, Jack McCoy would probably be disbarred in the real world...

Yes, Jack McCoy would probably be disbarred in the real world…

Aaron Brockler, an assistant Cuyahoga County (Ohio, including Cleveland) prosecutor, was fired last month for  using a false identity on Facebook  to try to influence the testimony of  defense witnesses in a homicide case.

He initiated Facebook discussions with two women listed by the defense as alibi witnesses in a murder prosecution. Brockler pretended to be a former girlfriend of the defendant who had a child fathered by him, and urged the witnesses not to “lie for him.”  County Prosecutor Timothy J. McGinty fired Brockler, who by my count violated at least Ohio legal ethics rules 3.4, 3.7, 3.8, 4.1, 4.2 and 8.4, (tampering with evidence, suborning perjury, becoming a necessary witness, prosecutorial misconduct, misrepresentation of facts, contact with a person represented by counsel and dishonesty) and perhaps some others. Prosecutors are not allowed to tamper with defense witnesses, or try to influence any witness testimony. They are not permitted to contact represented parties in connection with a prosecution, unless the lawyers are involved. They are not permitted to lie or pose as someone they are not over the internet. They are not permitted to make themselves witnesses in their own cases. Brockler wasn’t just fired for cause, he was fired for multiple causes, any one of which would have justified kicking him out the door. Continue reading →

Ethics Quote Of The Day: Lou Gehrig, July 4, 1939

/ Jack Marshall / 9 Comments

“Fans, for the past two weeks you have been reading about the bad break I got. Yet today I consider myself the luckiest man on the face of this earth.”

—-Baseball great Lou Gehrig, beginning his farewell speech to Yankee fans on July 4, 1939, as they filled Yankee stadium to say farewell to “the Iron Horse,” who was retiring from the game after being diagnosed with the incurable disease, amyotrophic lateral sclerosis (ALS), known forever after as “Lou Gehrig’s Disease.”

Lous Farewell

Lou Gehrig was only 36 years old when he learned that he was dying. ALS is a terrible wasting disease that has no cure, and in 1939 there was little treatment or assistance that could be offered to a victim as his body slowly ceased to function. It is an especially cruel disease for a professional athlete to face, and even more so one, like Gehrig, who was renowned for his endurance and seemingly indestructible body. When the progress of the illness, still then undiagnosed, caused Gehrig to remove himself from the New York Yankees line-up on May 1, 1939, it ended his amazing streak of 2,130 consecutive games, a baseball record that stood until broken by Cal Ripken, 56 years later.

Gehrig’s speech was from his heart. He was an educated and articulate man, but he had not planned on speaking at the moving ceremony to bid him farewell, as current former team mates, some of the greatest players ever to take the field, gathered to pay their respects. But the Yankee Stadium crowd of more than 60,000 began chanting his name, and after initially refusing, Gehrig moved to the microphone. Continue reading →