Ethics Dunce: Any South Carolinian Who Votes For Disgraced Ex-Governor Mark Sanford

You'll never know if this movie is still playing in the Mark Sanford Head Multiplex...

You’ll never know if this movie is still playing in the Mark Sanford Head Multiplex…

When Mark Sanford was last entrusted with high elected office in South Carolina, he…

  • Carried on a clandestine adulterous affair with a South American “soul mate” when he was supposed to be serving as the governor of the state,
  • Went AWOL from the state and his duties, telling aides that he was “hiking” in South America when he was really doing something very different in Argentina,
  • Used official funds to pay for his personal affair,
  • Lied about it,
  • Humiliated his wife and family while embarrassing South Carolina and his party, and
  • Was censored by the state legislature.

Now, displaying a level of gall only politicians and Hollywood actors can achieve, Sanford is back seeking office in South Carolina, running for the open seat in its 1st Congressional District. His strategy appears to be that old stand-by of the habitual miscreant, evoking the virtue of forgiveness and redemption, as well as suggesting that God wouldn’t rule out voting for him. In his first TV ad, Sanford says that he has learned about a “God of second chances.” Continue reading →

Being Clear on Pete Rose and the Hall of Fame

Hall OFLast week, I raised the greasy topic of Pete Rose, in fact defending Pete against the unethical efforts by Topps to avoid invoking his name on their cards, as if he were baseball’s Voldemort. Somehow, the comments morphed into debate about whether Pete deserves to be in the Hall of Fame, and I fear that my position regarding Pete’s qualifications was muddled in the various exchanges.

No, Pete doesn’t deserve to be in the Hall of Fame, for two very clear reasons. His conduct in betting on baseball games, including his own team’s games, while he was a Major League manager requires that he be banned from baseball for life under Rule 21 of Major League Baseball’s official rules, and the Major League Baseball Hall of Fame in Cooperstown has its own rule that makes any player so banned ineligible for enshrinement. Rose is prevented from admission to the Hall by those rules, which were in place when his conduct brought them into play. He doesn’t deserve to be in the Hall, because the rules say so. Pete Rose broke a cardinal rule that potential Hall candidates cannot break. The ethical reason he should not be in the Hall is accountability, or as Tony Baretta used to say on the old TV show, “Don’t do the crime, if you can’t do the time.”

Is there anything at all about Rose’s career record as a player that doesn’t qualify him for the Hall, indeed, over-qualify him? No. Unlike Barry Bonds or Mark McGwire, his statistics are beyond challenge or criticism. He didn’t cheat. He was a great and admirable player in every way.

Was there anything in his conduct as a player on the field, as a player off the field, or off the field as a retired player, that constituted such egregious misconduct that it would justify refusing his admission the Hall of Fame under its so-called character clause? [ “Voting shall be based upon the player’s record, playing ability, integrity, sportsmanship, character and contribution to the team(s) on which the player played.”]

Here is where I want to clarify my position. My answer to this is “No.” Continue reading →

Tricking Yourself Into Being More Ethical

Cracked 5 waysOver at Cracked, the website that excels at developing clever factoid lists and debunking conventional wisdom, they have posted a list of “5 Scientific Ways To Trick Yourself Into Being A Good Person.”

Uh-huh. As usual for this site, the headline is just a bit overstated. “Trick” is a misleading word here: most of the devices involve the phenomenon of priming, which basically means that we are more ethical the more something focuses our attention on the ethical implications of what we are doing. By Cracked’s definition of “trick,” Ben Franklin’s morning and evening questions are tricks.

Skepticism is also warranted because we are just getting summaries of studies, and brief, non-technical, non-critical ones at that. It is impossible to know what extraneous factors might have polluted the results, or what biases the researchers brought to their research. Social science research is notoriously fallible and subject to design flaws, particularly regarding sample size. Such research is also prone to confuse cause and effect. I am especially dubious of #2 on the list, “Washing Your Hands Makes You Less Prejudiced.” Yes, researchers found that those who chose to use sanitary wipes on their hands when given the option during a flu epidemic scored better after doing so than those who declined to sanitize when they were asked to answer a survey designed to measure prejudice. I think it is a logical stretch to conclude that the act of ridding their hands of germs washed away the subjects’ biases; it is more likely that those who were more considerate of people around them, as indicated by their interest in sanitizing their hands during a flu outbreak, were also the most empathetic, tolerant and unbiased to begin with. That result isn’t nearly as startling as the claim that handwashing magically heals one’s prejudices, but Cracked apparently needed something to fill out a list of four.

It’s still an interesting article, even though ethical conduct takes a lot more cognitive effort than “tricks.”. You can read the whole thing here.

Judge Ken Anderson: A Judge With An Ethical Obligation To Resign

Ken Anderson

Regret isn’t enough.

Ken Anderson has been a Williamson County (Texas) district judge since 2002, but in 1987  he was the district attorney who prosecuted Michael Morton for fatally beating his wife to death. Morton was convicted and served 25 years in prison before DNA tests proved he was innocent. (This is yet another triumph of The Innocence Project.) Another man has been arrested for the murder of Morton’s wife Christine, as well as a second woman he allegedly killed in similar fashion while Morton was behind bars.

Last week, a five day hearing examined Judge Anderson regarding his conduct in the case, in a special court of inquiry to determine whether he engaged in criminal wrongdoing as well as unethical prosecution. Among the questions raised was why Anderson never divulged to Morton’s defense team a police report that Morton’s neighbors had said that they saw a suspicious man walking into the woods behind the Morton home shortly before the murder, and why Morton’s three-year-old son’s statement that “a monster,” not his father, beat the child’s mother to death was similarly withheld. On the stand enduring five hours of questioning, a tearful Anderson could only say that he didn’t remember not turning over the evidence to the defense, while defense attorneys adamantly insisted that they never received it. The hearing also revealed that Anderson kept his lead investigator from testifying at trial, when his testimony would have ensured that the child’s statement and the report about the stranger were raised in court, as well as allowing defense attorneys to cross-examine the investigator regarding his peculiar theory of the case.The theory, which was subsequently endorsed by DA Anderson, was that Morton become homicidal after his wife fell asleep when he sought to have sex with her, and donned his scuba wet suit so his son wouldn’t know it was him beating her to death. Continue reading →

Easiest Ethics Question Of The Month

" Dear Ellie: The firm seems a little shady to me, but I need the experience. Should I take the offer?"

” Dear Ellie: The firm seems a little shady to me, but I need the experience. Should I take the offer?”

Over at Above the Law, Ellie Mystal posts a request for advice from a desperate job-seeking lawyer, and polls readers for their response. The lawyer has an offer from a local attorney she says has a reputation for being unethical and untrustworthy. He has filed for bankruptcy once; he is being investigated by the local bar and the government, and former employees say he’s atrocious to work for. The inexperienced lawyer asks,

“Is this really bad for an entry-level lawyer to work for an (arguably) bad lawyer? Is it an absolute NO? Which one is more important: get some experience or working at a right/good firm? To put it another way, which one is worse: having no experience or working at a bad firm? I keep searching job postings and there is no opening for entry-level. Everyone looks for experienced lawyers. So I get the impression that no experience is the worst.

“I don’t know what to do with this offer. Feels not right to accept this offer but cannot just forgo. So give me some advice — should I accept his offer?”

Well, let me th—NOOOOOOOO!!!! Absolutely NOT! Never in a million years! NEVER!

And yet, almost 20% of Above the Law’s mostly lawyer readers voted for the choice reading, “Yes. Beggars can’t be choosers.”

That is disturbing. Continue reading →

The Red Caboose On The Penn State Ethics Train Wreck Arrives: The Paterno Family’s Report

1-train-wreck-kari-tirrell

To understand what the Joe Paterno’s family’s report (released on Feb. 10) regarding the late Penn State football coach’s culpability in the Jerry Sandusky child abuse cover-up means, one has to understand what lawyers do, and why it is completely ethical for them to do so, as long as their role isn’t misrepresented by them or their clients.

Lawyers exist to allow non-lawyers to have access to a legal system that is (needlessly) complicated and technical, and to provide their legal training, analytical skills and advocacy abilities to their clients’ legal and legitimate needs and objectives. A lawyer who interposes his or her own opinions, judgments and desires on the client without being asked to do so is, in most cases, behaving unprofessionally and unethically. This is an essential principle to grasp, and yet the vast majority of the public do not grasp it. Nonetheless, without the partisanship a lawyer brings to the attorney-client relationship, regardless of whether a client is rich or poor, altruistic or venal, kind or cruel, we would all be slaves to the laws we supposedly create ourselves, through the machinery of a republic.

An independent investigation of the Penn State administration’s failure to stop serial child molester Jerry Sandusky from harming young children found that iconic football coach Joe Paterno was at the center of the school’s misconduct and the catalyst for it. The investigation was performed by Louis Freeh, a lawyer, a former prosecutor, a former federal judge, and once the head of the F.B.I.  His charge was to find out what happened and who was at fault—not to nail Paterno or anyone else.  It was an independent investigation, with no dictated result. Don Van Natta, a sportswriter whom I supposed should not be expected to understand such distinctions, writes,

“If the Freeh report was a prosecutor’s relentless opening statement that delivered devastating, far-reaching consequences, the Paternos’ rebuttal is a defense attorney’s closing argument brimming with outrage and fury.”

Wrong, wrong, wrong. The Freeh report was not a work of advocacy in an adversarial setting, but akin to a judge’s objective decision after reviewing the relevant and available facts. The Paterno family report, in contrast, is a work of advocacy, like a brief arguing an appeal to overturn a judicial decision against a lawyer’s client. The charge given to Freeh in his investigation was to find out what went wrong and why. (It began with the assumption that something did go wrong, which was reasonable, since a child predator had somehow managed to roam the Penn State campus for decades, including a ten-year period after he had been seen sexually assaulting a child in a Penn State shower.) Freeh was not told to get Penn State off the hook, or to pin as much as possible on Joe Paterno. The authors of the Paterno family report, however, were charged with the task of rebutting and discrediting Freeh’s report in order to rescue Joe Paterno’s reputation and legacy. It is an advocacy memorandum, like the torture memos and the recent Justice Department justification of the killer drone program. Continue reading →

Ethics Quiz: The Professor, the Plot, and the Prisoner’s Dilemma

Prisoner's Dilemma

The Prisoner’s Dilemma

Professor Peter Frölich teaches “Intermediate Programming,” “Computer Science Fundamentals,” and “Introduction to Programming for Scientists and Engineers” at Johns Hopkins University. He uses a grading system in which the top score in any exam defines an A, and all other scores are graded down from that point (I like that system, by the way).

His students in all three courses hatched an ambitious conspiracy to ensure A’s for everyone.  They all agreed to refuse to enter the exam rooms, so the top score, and only score, anyone could get would be zero. Since the grading curve would have to start with that, they reasoned, everyone would have to get the top grade. The students stringently enforced their plot, apparently, and nobody broke ranks. Continue reading →

The “So What?” Follies

So what?

So what?

Reluctant to report actual news, in many cases, that makes their favorite politicians and elected leaders look bad, or perhaps as they really are, our sad, inept and juvenile news media attempts to balance its lack of diligence by promoting other stories as brewing scandals that have no legitimacy whatsoever, and are similarly fueled by bias. Two particularly offensive examples: Continue reading →

Now THIS Is Hypocrisy: Jack Lew Edition

cayman-islandsI know it pains many of you to hear it, but integrity has not been one of President Obama’s evident virtues, and the nomination of  his Chief of Staff Jack Lew to replace Timothy Geithner as Secretary of the Treasury is a particularly vivid example. The nomination demonstrates either hypocrisy or dishonesty (or both) no matter how one chooses to look at it.

This has nothing to do with Lew’s qualifications for the job: I’m certain he is sufficiently qualified, and is as likely as anyone else to help lead the nation through the fiscal wilderness, which is to say “not very.” The problem with Lew’s nomination, in the context of the President’s integrity, is two-fold. Although Obama and his campaign’s successful strategy was to demonize Mitt Romney as a grasping and venal corporate raider who accumulated big corporate bucks while doing little of value, Jack Lew’s resume includes receiving a $945,000 bonus in January 2009 after a short time working at Citigroup, which was in the process of collapsing financially and seeking (and receiving)a massive taxpayer bailout.  Obama also made hay during the campaign by implying there was something shady about Romney’s investments in Cayman islands-based institutions. Jack Lew. meanwhile, oversaw Cayman island investment funds while at Citigroup. In his 2008 campaign, Obama took special aim at one of them known as Ugland House, and a Senate hearing on the subject designated it as a facilitator of tax evasion. Jack Lew had investments in the Cayman islands, and, like Mitt Romney, had them with Ugland House. Continue reading →

Jonah Lehrer Shows Us A Level One Apology: Remorse, Regret, Contrition. Sincerity? Who Knows…

The-Remorse-Of-OrestesWhen we last looked in on writer Jonah Lehrer last summer, he had detonated his career and credibility with a series of incidents of serious professional misconduct that led to his ignominious firing from The New Yorker, where he once was regarded as a rising star. First he was caught plagiarizing himself, recycling a previously published work as an original  essay for the magazine. That led to an investigation showing that this was not the first time he had taken such an unethical short-cut. Finally, it was discovered that he had fabricated Bob Dylan quotes in his best-selling book about, ironically enough, creativity. When confronted about this, Lehrer lied. Soon he was out of a job and condemned to the limbo reserved for writers who deceive their readers: Jason Blair, Stephen Glass, James Frey, Janet Cooke, and others. It is not a pleasant or profitable place to be.

Lehrer was recently invited to speak to a gathering at the Knight Foundation, and chose the forum to deliver an apology for his conduct. It would be difficult, I think, to deliver a better one. On the Ethics Alarms Apology Scale, the most ethical apology, at the top of the scale, is this one:

1. An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.

That is exactly what Lehrer delivered to the Knight Foundation, and through his blog, the rest of us. He said…

“..I am the author of a book on creativity that contained several fabricated Bob Dylan quotes. I committed plagiarism on my blog, taking, without credit or citation, an entire paragraph from the blog of Christian Jarrett. I also plagiarized from myself. I lied to a journalist named Michael Moynihan to cover up the Dylan fabrications.

“My mistakes have caused deep pain to those I care about. I am constantly remembering all those people I’ve hurt and let down – friends, family, colleagues. My wife, my parents, my editors. I think about all the readers I’ve disappointed, people who paid good money for my book and now don’t want it on their shelves.I have broken their trust. For that, I am profoundly sorry. It is my hope that, someday, my transgressions might be forgiven.

“I could stop here. But I am convinced that unless I talk openly about what I’ve learned so far – unless I hold myself accountable in public – then the lessons will not last. I will lose the only consolation of my failure, which is the promise that I will not fail like this again. That I might, one day, find a way to fail better.

“The lessons have arrived in phases. The first phase involved a literal reconstruction of my mistakes. I wanted to have an accounting, in my head, of how I fabricated those Dylan quotes. I wanted to understand the mechanics of every lapse, to relive all those errors that led to my disgrace. I wanted to understand so that I could explain it to people, so that I could explain it in a talk like this. So that I could say that I found the broken part and that part has a name. My arrogance. My desire for attention. My willingness to take shortcuts, provided I don’t think anyone else will notice. My carelessness, matched with an ability to excuse my carelessness away. My tendency to believe my own excuses.

“But then, once I came up with this list of flaws, and once I began to understand how these flaws led to each of my mistakes, I realized that all of my explanations changed nothing. They cannot undo what I’ve done, not even a little. A confession is not a solution. It does not restore trust. Not the trust of others and not the trust of myself. What’s more, I came to see that my explanations were distracting me from the more important reality I need to deal with.

“Because my flaws – these flaws that led to my failure – they are a basic part of me. They are as fundamental to my self as those other parts I’m not ashamed of. This is the phase that comes next, the phase I’m in now. It is the slow realization that all the apologies and regrets are just the beginning. That my harshest words will not fix me, that I cannot quickly become the person I need to be. It is finally understanding how hard it is to change.

“Character, Joan Didion wrote, is the willingness to accept responsibility for one’s own life. For too long, I did not accept responsibility. And by not accepting responsibility – by pretending that all of my errors were accidents, that my carelessness was not a choice – I kept myself from getting better. I postponed the reckoning that was needed.

“There is no secret to good decision-making. There is only the obvious truth: We either confront our mistakes and gain a little wisdom, or we don’t and remain a fool.”

You can read the whole speech here. Continue reading →