If Only The Profession Was This Strict AFTER Admitting A Lawyer To The Bar…

No, surprisingly in light of last week's revelations from Cambridge, the applicant who cheated on her bar exam did NOT go to Harvard. I'm as stunned as you are!

No, surprisingly in light of last week’s revelations from Cambridge, the applicant who cheated on her bar exam did NOT go to Harvard. I’m as stunned as you are!

One of the legal profession’s ethics anomalies is that its character standards for entering legal practice are far more unforgiving than the standards for keeping one’s license to practice after being admitted. For while John Edwards continues to be a North Carolina lawyer in “good standing,” an Ohio bar applicant was held to lack the requisite good character to be a trustworthy lawyer (Ohio Supreme Court opinion here) because of the following set of facts.

When Jasmine Shawn Parker of Covington, Kentucky was taking the Ohio bar exam, a test monitor reported that she had continued to write for up to 30 seconds after “time” was called on a set of two exam questions, and then again for 45 to 60 seconds on two sets of two exam questions. The Board of Bar Examiners investigated, and asked Parker’s tablemates about their observations or her actions, if any, after time had been called. They reported that Parker had continued writing for maybe a second or two past the declared deadline on Day 1 of the exam, and on the second day, had continued to write past the stopping point “long enough to get at least two lines of writing on paper.” As a penalty after these findings, the Ohio Board of Bar Examiners gave Parker no credit on the exam question with the highest point value. Never mind: Parker’s score was high enough to pass the bar exam anyway. Her alleged cheating, however, led the Board of Commissioners on Character and Fitness to recommend her license be denied, with the opportunity to reapply.  Continue reading →

Comment of the Day: “Ethics Dunce Meets Ethics Hero”

John T., a reader whose final comment on Ethics Alarms is also the Comment of the Day, provided me with another example of the same phenomenon that manifested itself in some of the more extreme comments to the recent Applebee’s post. For many people who are incapable of coherent ethical analysis, the nature of conduct is assessed not according to the ethical or unethical nature of the conduct itself, but according to whether the author of the conduct is liked, admired, identified or sympathized with, especially in comparison to the individual, authority or entity holding that actor accountable for the unethical conduct involved. Thus supporters of the fired Applebee’s waitress who violated the terms of her employment, embarrassed her employer’s customer online, and used proprietary information to do it used all manner of irrelevant or  factually false arguments to make the case that she didn’t warrant punishment, and that it was Applebee’s that was acting wronfully—waitresses are underpaid; Applebee’s doesn’t treat employees well, the pastor was “stealing” by not leaving a tip, the pastor’s obnoxious message “abused” the server (even though the server wasn’t the one who publicized the pastor’s comments), and so on. Because commenters sympathized and identified with the waitress, they crashed through logical and ethical roadblocks to find her innocent of wrongdoing, and mistreated by a big, bad, heartless corporation. In other words, emotion and bias, not objectivity and ethical analysis, took over.

John T. engages in the same fallacious process to defend the 18-year old Xanax abuser who found herself insulting the wrong judge in Miami. His previous jaw-dropping comment described the woman’s horrible demeanor and attitude as “genuinely cooperative and friendly” (she was disrespectful, mocking and seemingly stoned), and opined that unauthorized possession of a controlled substance was a “bullshit charge.” I responded, half in jest,  that with that attitude, it was remarkable that he wasn’t in jail. I’ll be back at the end, but here is John T’s masterful rant, the Comment of the Day on the post, “Ethics Dunce Meets Ethics Hero: Continue reading →

Ethics Dunce Meets Ethics Hero

The Dunce: Penelope Soto, arrested for illegal possession of a controlled substance (Xanax), and for riding a bicycle recklessly while stoned. Facing arraignment before Miami-Dade County Circuit Judge Jorge Rodriguez-Chomat to determine bail, she laughed at his questions, gave him a mocking farewell, and finally threw an F-bomb his way.

The Hero: the Judge, who tolerated Soto’s disrespectful, dismissive and seemingly stoned behavior up to a point, but when she turned her back on him to leave with a flippant “Adios!”, he doubled her bail amount from $5,000 to $10,000.*  Her next reaction was a muttered “Fuck you” and a provocatively raised index finger. For that, he found her in criminal contempt.  His sentence: 30 days in jail.

Disrespect for the Court is disrespect for the law, and disrespect for the law is disrespect for the country. I don’t know how people like Ms. Soto reach adulthood without learning this lesson, but bravo to Judge Rodriguez-Chomat for not hesitating to teach it forcefully and well.

The full video of their fateful meeting is above, and worth watching. I recommend showing it to your children, if you have them.

UPDATE: She returned to court with her lawyer, sober and stright this time, and managed a sincere-sounding apology to the judge. He let her out of jail, as he should have. Point made.

*Note: the practical effect of this is to cost Ms. Soto and extra $500, essentially a fine for being rude to the judge. A prisoner typically has to give a bail bondsman 10% of the bail amount to get out of jail until trial. If she doesn’t want to pay that, she can put up the whole amount, which she will get back once she appears for trial.

Carla McKinney, Proud “Naked Teacher,” A.K.A. Ethics Dunce

This isn't Carla. But it's not far off, either...

This isn’t Carla. But it’s not far off, either…

The ever popular “Naked Teacher Principle” category is almost completely filled with school instructors who either placed their naughty bits online before teaching became their calling, had others do so without their knowledge or permission, or took some measures to ensure their embrace of questionable modesty and conduct would not come to the attention of their students. Not 23-year-old math teacher Carla McKinney, though! The Overland High School (in Aurora, Colorado) role model is a wild child and proud of it. Her Twitter page contained half-naked photos, and her tweets were filled with sexual innuendo, approving comments about drug use ( “Naked. Wet. Stoned”),  and even a boast that she had pot with her on school grounds.

“Watching a drug bust go down in the parking lot. It’s funny cuz I have weed in my car in the staff parking lot,” she tweeted happily. Another tweet reported that McKinney was high while grading her students’ class work. Yes, she is an idiot, and one who lacks the common sense, responsibility and character to train terriers, much less children.

The school has placed her on administrative leave, and if she isn’t fired, the administrators there fit my description of McKinney.

Again invoking and paraphrasing the immortal words of Faber College’s Dean Wormer, I say, “Naked, wet and stoned is no way to go through life, Carla.” But if that’s your choice, you have to do it as something other than a teacher.

_________________________

Facts: Daily Caller

Accountability For Tawana Brawley

Al Sharpton and Tawana, ruining lives. Nice hair, Al.

Al Sharpton and Tawana, ruining lives. Nice hair, Al.

Tawana Brawley was 15 when she was championed by the Rev. Al Sharpton after she falsely claimed that she had been kidnapped, raped, and smeared with fecal matter by a group of white men. Now Brawley, 40, going by the name of Tawana Gutierrez, and employed at a Richmond nursing home, has received a wage-garnishment order to collect the $431,492 judgment against her in a 1997 defamation case brought by one of those men, Steven Pagones, who at the time of her 1987 accusation was a state prosecutor in New York.

Good!

Sharpton, who also was hit with a large damages verdict in the case, has already paid up. His outrageous race-baiting at the time was worth it to him, since it set set the race huckster on the road to celebrity that culminated in his being anointed as a respectable MSNBC host and commentator. Respectable for MSNBC, that is. Brawley still has public support,  as the tender-hearted raise all sorts of arguments why she shouldn’t have to pay Pagones such a large amount. She is poor, they say. He should forgive her. She was only 15. She was disturbed. Now she is a single working mother, and we are really punishing her child. It was all Sharpton’s fault. And so on. Continue reading →

Donald Trump’s Loathsome Lawsuit

Maher-Trump-Oran

Normally the result of a tiff between Donald Trump and Bill Maher would interest me about as much as I would be invested in the  winner of a battle between Godzilla and Megalon.  Trump’s lawsuit against Maher in retaliation for an obvious joke, however, is unethical and indefensible no matter how much I enjoy seeing Maher, who could only avoid being the most obnoxious human being in world containing the likes of Trump, suffer.

Maher joked to Jay Leno last month that he would pay $5 million to Trump’s charity of choice if Trump could prove that his birth wasn’t the result his mother having sex with orangutan. I missed it, Jay having joined David Letterman and Jimmy Kimmel in my talk-show host Hall of Ethics Shame, but the line did make me laugh, I confess. Maher’s faux challenge was an obvious riff on the offensive offer Trump made to President Barack Obama during the presidential campaign, in which Trump raised the birther canard again and offered $5 million to the President’s charity of choice if  Obama released his college records and definitive proof that he was really born in the U.S.A.

Nonetheless, Trump decided to behave as if it were a real offer. He had his lawyers send the verification to Maher (Trump’s father, the brains of the family, was a legendary real estate innovator and mogul), and now Trump is suing for the $5 million on the pretense that the comic welched on a legitimate and enforceable unilateral contract. “I don’t know whether this case will be won or lost, but I felt a major obligation to bring it on behalf of the charities,” Trump said. Continue reading →

Beyoncé Ethics II: Has-Been Shaming at the Super Bowl?

Destinys ChildBeyoncé didn’t lip-sync her Super Bowl appearance, but according to Slate writer Julia Turner, she was ungracious, unkind and disrespectful to her former Destiny’s Child partners, Kelly Rowland and Michelle Williams, who joined her in the half-time show for what was billed as a reunion. She writes:

“Beyoncé’s lack of magnaminity reached its peak as their medley came to its climax. Instead of launching into a full rendition of “Say My Name” or some other Destiny’s Child classic, she said “Kelly and Michelle, can y’all help me sing this one?” Kelly responded, “Sho’ nuff, baby,” and the trio launched into “Single Ladies,” Beyoncé’s solo hit—about how great it is to be solo. This was, as Dave Weigel tweeted, “Like Beatles reuniting and singing ‘Mull of Kintyre,’ ” Paul McCartney’s Wings classic. Beyoncé, don’t shame Kelly and Michelle by dragging them back into the national spotlight and then making them sing the very song that shows what a culturally relevant force you still are, and what afterthoughts they have become! Be generous. Share the spotlight. You have so much.”

Fair? Continue reading →

Unethical Quote of the Week: Former NASA Official Jon Harpold

“Don’t you think it would be better for them to have a happy successful flight and die unexpectedly during entry than to stay on orbit, knowing that there was nothing to be done until the air ran out?”

—–Space Shuttle Columbia mission operations chief Jon Harpold in 2003, talking about the Shuttle crew then in flight, as quoted by former NASA flight director Wayne Hale on his blog this week. Harpold was musing on a hypothetical situation (he thought) where NASA had determined that the Shuttle couldn’t safely return to Earth.

Columbia crew

Days before Columbia disintegrated on re-entry due to a damaged heat shield, NASA officials met to determine whether Columbia was safe to land despite some damage after takeoff. They decided, wrongly, as it turned out, that the Shuttle was safe. In the course of the meeting, Jon Harpold raised the hypothetical dilemma of a doomed Shuttle and an unaware crew.

Hale tells the story to make the point that NASA’s culture at the time was organizationally and ethically flawed. I agree.

Harpold’s position is kind but monstrous. It presumes to withhold the truth from those most effected by it, on the theory that it is better to die suddenly and unexpectedly than to have the opportunity to fight and strive to the end to solve what might be an impossible problem. Nobody should feel that he has the right to make that decision, to give up on life itself, for another who still has the capacity to think and act. This is disrespect for the values of personal liberty and autonomy, both much in the public mind today.

We each must have the right to make our own decisions about our fates, and must always have the information we need to make those decisions as wisely as we can. Those who fear the truth have insufficient reverence for it. Even the worst information may contain the seeds of victory.

I’m not going gentle into that good night, and damn anyone who tries to trick me into doing so out of misplaced kindness.

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Facts: Kansas City Star

Graphic: KCNTV

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

ARRGGH!! Beyonce..ARRRRGHH!!!

Misdirection

Just “Arrrrgh!”

First, Beyonce ducks a question (at pre-Super Bowl  press conference) about whether she really lip-synced the National Anthem at the Inauguration, as discussed extensively here , here, and here,

by using Clintonian parsing—no, she wasn’t lip-syncing ( because that means just moving one’s lips to a song, and technically she was singing. It’s just that the audience may have been hearing her recording and not her real voice.) Then she “answers”…by singing the song, brilliantly, without accompaniment. (Of course it was planned.) Then CNN’s awful morning anchor Carol Costello AND CNN’s headline writer state that Beyonce “answered her critics” by doing so.

For the love of…Arrrrgh!

That was NOT an answer! This was masterful, if screamingly obvious (to all but CNN) misdirection and manipulation.The question posed was not “Can you sing “The Star Spangled Banner?,” but “Did you lip-sync?”, which means, as she well knows, “Did you sing it live at the Inauguration, and was the live rendition what we heard?” Her rendition of the song at the press conference was no more responsive to the question than a sudden riff on “Trouble in River City” or “Turkey in the Straw.” Then pathetic CNN calls it an answer, as if singing the song two weeks after the event in question settles the issue. Our professional journalism establishment at work. (in the version I saw, Costello didn’t even mention that Beyonce gave a technical “no” to the “did you lip-sync?” query before bursting into song.

ARRRRGHHH!

 Beyonce could have cleared up the controversy weeks ago by either admitting that she lip-synced, or by denying it. Asked about the matter directly, in front of TV cameras, she avoided the question again. That was an answer, all right, but not the one CNN and the singer implied it was.

The answer was “Yes.”

____________________________________

Spark: CNN

Graphic: Soda Head

Comment Overview: “Mutual Destruction At Applebee’s: An Uncharitable Pastor and a Vengeful Waitress Do Each Other In”

This post is approaching an Ethics Alarms record for comments, and as always in the case when my commentary strikes a nerve, almost never on the most serious issues [This earlier post from yesterday, for example, is one that matters, and that I wish would get wider distribution, since I appear to be the only one making these points], the later comments tend to re-iterate the earlier ones, which have already been addressed, and I hate explaining the same thing over and over. Also the trolls have come out to urinate on everything, and I’ve had to ban a few, which I don’t like to do.

Therefore, as I have done before, here is a summary of the thrust of the comments and my replies, as well as over-all observations about the issue and conversation generally. I wish any commenter would read this before repeating what has already been said:

1. Nobody is defending Bell, the cheap and arrogant pastor. Good, but if the update you’ll find at the end is correct, she is considerably less despicable than everyone, including Welch, presumed.

2. One clown, however, wrote an abusive comment accusing me of defending the pastor, insulting my work and character based on that accusation, which made about as much sense as accusing me of being Marie of Rumania. I banned her, and also told her why in intentionally unkind terms. I’m not sorry.

3. It continues to amaze me how many people feel they have to comment on commentary—often in abusive and indignant terms– when they haven’t taken the time to read the post. Unbelievable.

4. I expected some readers to defend the actions of the waitress, but not as many as turned up.

5. I am grateful for the assistance of texagg04, affectionately known as “Tex,” who jumped into the fray late last night when I was trying to deflect attacks left and right. I owe you, bro.

6. Facts:

  • It is not against the law not to leave a tip.
  • It is not against the law even it is a so-called “mandatory tip.”
  • It is not against the law even if the mandatory tip is noted in the menu.
  • It is not legally theft.
  • It is unethical to leave an inadequate tip when the service was at least acceptable, as it apparently was at Applebee’s that fateful day.
  • It is not unethical to leave less than the expected tip if the service was poor.

7. A server, or a server’s colleague, has no right to take any negative action against a diner who unfairly leaves an inadequate tip. That is the restaurant’s choice alone.

8. Applebee’s did nothing wrong whatsoever. The large number of posts asserting that Applebee’s or eating establishments in general mistreat their employees, justifying conduct like the waitress’s web-shaming are manufacturing rationalizations. Even if true, and I have no evidence of that in this instance, that is irrelevant to Chelsea’s duties as an employee, and subsequent misconduct.

9. There is no way to ethically shame the pastor without the participation and approval of the restaurant.

10. There are three  problems with what the waitress did: 1) She worked for Applebee’s, and embarrassed an Applebee’s customer in a manner that involved the restaurant and that directly related to a patron’s visit there. That is employee misconduct, anywhere, no matter what the provocation. 2) She was engaging in vengeance, which is unethical—“tit for tat” conduct which is virtually always wrong.  3) The vigilante punishment was disproportional to the offense,

11. A restaurant does not have to specifically inform employees that taking unilateral action against restaurant patrons is a firing offense. That said, I’d be shocked if the employment manual didn’t include language broad enough to cover this incident. It didn’t have to say, “Don’t web-shame cheap customers.”

12. I think Applebee’s should ban Bell from eating at any of its restaurants. I said that in the post. But that does not mean that it should “show some spine” and endorse an employee unilaterally harming a patron in revenge. She was acting personally, but doing so in a way that reflected on her employers, involved them, and harmed them. No employer should be expected to tolerate that, and those who endorse such conduct are foolish.

13. Dumbest and most irritating ethics-free comment, repeated many times: “If you ever waited tables, you wouldn’t take that position! You don’t know what you’re taking about!” Translation: “I’m biased, because I’m a server, sympathize with servers, and can’t be objective. You can’t analyze this without being biased too.” The underlying ethical issues–vengeance, vigilante action, violation of duties to employers—have nothing to do with waiting tables, and apply the same way in other professions.

14. The expropriation and publication of data on a proprietary document belonging to the diner, Bell, and Applebee’s is per se  unethical conduct. There is no defense for it.

15. A diner does not voluntarily put herself in the public eye by what she writes on a check that is between her and the restaurant.

16. An interesting spin-off was raised by a vengeful waitress who defended Chelsea and said that when she was stiffed on a large bill, she informed the mayor of the town that the diner, a city lawyer, was plotting against the city with his meal companion. Even if he was, servers are professionally obligated to keep the contents of conversations they overhear confidential. If she had done this as a whistle-blower, it is ethically defensible. She did it to get even, which is not a justifiable reason, and the restaurant would be justified in firing her for doing it.

17. Yes, I sometimes have typos and other errors in my replies to comments. As regular readers know, I have them in my posts, too, though I am constantly cleaning them up. The typos in the comments are mostly due to the fact that I answer a lot of them, in addition to the fact that I can’t type or spell. This does not, as one commenter asserted, mean that I did not graduate from the schools I “claim” I did. And what makes you think graduates of those schools  necessarily proof-read any better than I do?

18. As for the web-shaming fans who argue that Chelsea’s act was virtuous because such evil conduct should exposed, and anyone who acts so disgracefully deserves to be held up to disparagement across the globe: None of us should want to live in a society where every mistake we make is at risk to be preserved forever online, warping the opinions that others form of us for the rest of our lives. In Europe, it is called “the right to be forgotten.” The Golden Rule applies, not that Pastor Bell would recognize it. This is a perfect example of the kind of minor lapse–it’s 7 lousy bucks!—that the elephant gun of public shaming should not be used against.

19. Novel (and bad) rationalizations: 1) Because the waiter collected money, he became a co-owner of Applebee’s. Ugh, no. He is the agent of Applebee’s, and still just an employee. 2) The bill wasn’t proprietary, because it wasn’t copyrighted of trademarked. Wrong. “Proprietary” also means “property belonging to someone,” and the someone wasn’t Chelsea. 3) Bell’s comment on the bill slip was directed at the waiter personally, so the retaliation was only personal too. Ridiculous. First, it is unclear that the comment was directed at the waiter at all; I’d say it was directed at the restaurant that mandated the 18%. But even if it was directed at the waiter, it was directed at the waiter in his capacity as an employee, not personally….not that it would justify retaliation even if it was intended personally. 4) Applebee’s has an obligation to support retaliation for “blatant abuse” or an employee being “taken advantage of.” This suggests that every time a waiter is given an unfair tip, the restaurant should support web-shaming. The “blatant abuse” was withholding a seven buck tip—not nice, but “abuse”? This wasn’t even why Chelsea posted the bill—it was what was written on it that outraged her, and that didn’t “take advantage of anyone.” That was just someone being a mega-jerk.

20. This is not a free speech issue.

21. The Applebee’s employee manual has plenty of provisions prohibiting Chelsea’s conduct.

22. If you are tempted to argue, as one commenter did, that my use of an Applebee’s menu as a background on a day when I am getting nothing but comments related to this post suggests that I am endorsing the restaurant or otherwise a shill for it, heed this warning: Don’t. There are some insults I won’t tolerate, and this is one of them. UPDATE (2/2): The Applebee’s menu background was scheduled to be replaced today, but I’m leaving it up in honor of the cognitively damaged commenters, currently numbering two–one banned and one likely to be—who have accused me of shilling for the restaurant.

 

UPDATE (2/1): Now it appears that the pastor left a tip in cash, and only complained about it on the slip. And that Applebee’s charged her credit card with the tip anyway, meaning that it owes her money. If true, this makes Bell far less of a villain, and also makes her complaint to the restaurant more justifiable. It also makes Welch’s conduct look reckless and unfair, further justifying her dismissal.