Character

The Legal Profession’s Muddled Standard For “Fitness To Practice”

/ Jack Marshall / 3 Comments

OK, he has a temper, but hire him as your lawyer, and you can trust him with your life!

I confess: my profession’s standard for discipline bewilders me, and leads me to believe that nobody really knows what kind of conduct by a lawyer should dictate that he or she should be kicked out of the profession. I was reminded of this when I read a report about a former associate at a large New York law firm whose license was suspended for three years because he physically abused his girlfriend. A hearing panel had recommended a 60 day suspension, but the Appeals Court decided on three years.

Here is the basic rule regarding misconduct by lawyers, from the ABA’s Model Rules:

Maintaining The Integrity Of The Profession

Rule 8.4  Misconduct

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Tell me: which provision did the brutal lawyer violate? Continue reading →

Unethical Quote of the Week: “Today Show” Co-Host Ann Curry

/ Jack Marshall / 17 Comments

 “What about Caroline [Kennedy], who is still alive?…Did you think about, as you talk about unburdening yourself, the idea that you’ve burdened other people now with this?”

—-“Today Show” co-host Ann Curry,  interviewing Jack Kennedy mistress and teen-aged sex toy Mimi Alford on Thursday’s NBC and suggesting that Alford was wrong and greedy to share the story of how the late President used, abused, and sexually exploited her, as was his habit.

Ann Curry’s Law: “The important thing isn’t getting the true story, but to make sure to avoid telling the truth when it might upset people I like.” Got that, everyone?

That’s right, Ann…why reveal the nasty truth about the misogynistic and ruthless character of an American icon, when it is so much more pleasant to keep lies alive?

Curry is beyond belief. She is supposedly a journalist, and yet her professed concern is how Kennedy family members will react to credible information about one of their own. History, Ann? Understanding who America’s leaders are? Learning the truth? Exploding mythology burnished by a lap dog press and meticulously nurtured by a wealthy family with a well-documented history of adultery and misogyny? Do any of these seem like legitimate goals to Ann Curry? Alford, whose relationship with Kennedy has been thoroughly confirmed, was miserably treated by the sex-addicted President, and yet Curry thinks that the intern has an obligation to protect the Kennedy family. Continue reading →

Ethics Dunce: Dennis “Oil Can” Boyd

/ Jack Marshall / 11 Comments

Well, I can’t say I’m really very surprised.

And another mystery solved: Why was he called "Oil Can"? Because apparently that's what he has on top of his neck instead of a head.

Former Red Sox pitcher Dennis “Oil Can” Boyd, one of my favorite characters when he was active, admitted this week that he was stoked up on cocaine when he pitched more often than not. “Oh yeah, at every ballpark. There wasn’t one ballpark that I probably didn’t stay up all night, until four or five in the morning, and the same thing is still in your system,” Boyd told WBZ NewsRadio 1030’s Jonny Miller in Fort Myers, Florida, where the Red Sox are about to start Spring Training.  “Some of the best games I’ve ever, ever pitched in the major leagues I stayed up all night; I’d say two-thirds of them. If I had went to bed, I would have won 150 ballgames in the time span that I played. I feel like my career was cut short for a lot of reasons, but I wasn’t doing anything that hundreds of ball players weren’t doing at the time; because that’s how I learned it.” Continue reading →

Dear Former Rep. Dahlkemper: Oh, Shut Up!

/ Jack Marshall / 22 Comments

Actually, this is just a cartoon of the former Congresswoman from Erie, but then a Toon could have cast a vote for a bill without reading it too.

Former Democratic congresswoman Kathy Dahlkemper, a Catholic from Erie, Pennsylvania, voted for the health care mega-law in 2010. Now she says she would have never voted for the  bill had she known that the Department of Health and Human Services would require all private insurers, including Catholic charities and hospitals, to provide free coverage of contraception, sterilization procedures, and the “week-after” pill .

In a press release sent out while the HHS ruling was still pending, the pro-life Dahlkemper said,

“I would have never voted for the final version of the bill if I expected the Obama Administration to force Catholic hospitals and Catholic Colleges and Universities to pay for contraception,. We worked hard to prevent abortion funding in health care and to include clear conscience protections for those with moral objections to abortion and contraceptive devices that cause abortion. I trust that the President will honor the commitment he made to those of us who supported final passage.”

To which I reply, “Oh, shut up!” Continue reading →

Old Testament Treatment For The Miramonte Elementary School Culture

/ Jack Marshall / 5 Comments

It could be worse; at least no teachers have been turned into pillars of salt.

Following the discovery that two Miramonte Elementary School teachers, Mark Berndt and Martin Springer,  allegedly engaged  in lewd activity with students, Los Angeles Unified School District made the brave decision to replace all teachers and staff, with everyone being re-assigned. Predictably, there have been protests and criticism. The basic argument: it is excessive and unfair. The good teachers, whoever they were, weren’t at fault.

Yes, they were; at least, they were responsible, and share accountability for a culture they were part of. The school district’s decision correctly assumes that when two members of a relatively small teaching staff abuse young children over a long period, something is rotten at the school beyond those teachers. Oversight is lax, administrators are looking the other way, teachers are protecting colleagues or refusing to acknowledge the implications of what they see or hear. There is a substantial chance that the Miramonte Elementary School didn’t just have some proverbial bad apples, but that it had created a culture that encouraged apples to go bad. There can be no certainty that Berndt and Springer were the only abusers on the staff, and the safety of children is at stake. Clear out the school, and wipe out the culture; have new personnel from top to bottom. It is easier to start over with a rotten culture than to try to fix it: this was God’s attitude in the Old Testament, and He had a point. The difference is that He killed off corrupt cultures with floods and fire, or just made them wander in the desert for generations.  Luckily, this isn’t Congress, Wall Street, Hollywood, or Rupert Murdoch’s empire. You can start all over with a school. Continue reading →

Ethics Hero Emeritus: Roger Boisjoly (1938-2012)

/ Jack Marshall / 13 Comments

Roger Boisjoly’s death was originally just reported locally when he died in Utah last month at the age of 73. Only now is the media reminding the public of Boisjoly’s life, his tragic role in a national tragedy, and how he tried and failed to avert it.

In 1986, Boisjoly was a booster rocket engineer at Morton Thiokol, the NASA contractor that, infamously, manufactured the faulty O-ring that was installed in the Space Shuttle Challenger, and that caused it to explode. Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting”a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly  warned his company that send the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly and his colleague Allan J. McDonald argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client.

And the next day, on a clear and beautiful morning, the Shuttle’s rocket exploded after take-off, killing the crew of seven and mortally wounding the space program. Continue reading →

Forget About “Minority Report”—The Sure Fire Way To Stop Pre-Crime Is To Round Up Newt Gingrich Supporters

/ Jack Marshall / 4 Comments

Forget those psychics in the pool, Tom! All you need to identify pre-criminals is to check Newt Gingrich's donor list!

All right, maybe that’s a little extreme. Still, in America today we have a putative Presidential candidate who is virtually carrying a billboard stating, “I am dishonest! I am a narcissist! I am angry, mean and vindictive! I am incapable of shame, and I have the self-control and judgment of a mad scientist from an old Vincent Price movie!“, and yet people still call up talk shows and say, “Why isn’t everyone backing Newt?”

Why? WHY? Well, how about this, from CNN:

“As recently as last week, Newt Gingrich’s communications director has been criticized by editors on Wikipedia for dozens of edits he has made and requested in defense of his candidate. While some of the changes were minor, Joe DeSantis has removed or asked to remove factual references to Gingrich’s three marriages as well as mentions of ethics charges brought against him while he served as speaker of the House. These efforts continued as recently as Monday.”

That’s right: Newt Gingrich has his staff trying to re-write the more distasteful episodes in his history—all the better to fool you with. This is the candidate remember, who now says he is the one running on “principles.” What principle would Stalin-style censorship come under, Newt?

Oh, never mind—we know the answer. Win at any cost. The ends justify the means.

Back to the title: perhaps they aren’t slam-dunk future criminals, but at this point, I really do believe that individuals continuing to support Newt Gingrich after he began the campaign with a certifiable character deficit and has managed to show with every passing week that it was even worse than his worst critics could have imagined really do create a prima facie case that they are unethical by nature. There just is no other plausible explanation.

 

 

JFK, Ethics Corrupter

/ Jack Marshall / 37 Comments

The new memoir by Mimi Alford, the former White House intern whom President Kennedy made his sex toy (though not his only one), hardly comes as a surprise to anyone who didn’t accept the fabricated, idealized version of JFK sold to the public by the likes of Arthur Schlesinger, Jr. and Chris Matthews. Still, her account of Kennedy’s revolting conduct is infuriating, because it continues his corruption of American ethics and leadership standards, the real legacy of his presidency.

Kennedy was a thoroughly fraudulent human being, a cynical and arrogant leader who used soaring prose about freedom, aspiration and the human spirit while masquerading as a devoted father and husband, betraying his wife, abusing his power for selfish personal gratification, and in the process, putting his country at risk during the height of the Cold War. Only moral luck, combined with the failure of a complicit media to tell the public what they really had a right to know—that their President was a sexist, reckless, ruthless, SOB—allowed Kennedy to escape with his myth intact long enough to be regarded as a heroic figure. Now, as the truth relentlessly emerges, the product of his devoted image-makers collides with the ugliness of JFK’s behavior, creating cognitive dissonance of the most destructive sort.  After all, if the great John F. Kennedy abused drugs in the White House, used his office and power to lure employees into illicit sexual relationships, degraded and pimped-out women devoted to him, and did all of this with the full knowledge that it would bring down his administration and his party if anyone ever revealed his secrets, then this must mean that character doesn’t matter in our leaders, that we should tolerate a wide range of misconduct, and that the abuse of the power of the President is just a traditional perk. Continue reading →

Where Should The Alarms Sound For THIS?

/ Jack Marshall / 30 Comments

I have little to add to the video above, which is nearly self-explanatory. A student took a video camera to the halls of his Washington State high school to quiz  class mates on basic U.S. history, geography and civics. I’m sure—I hope—that the answers shown on the video were atypical, but never mind: they are scary enough.

The blogger Kevin DuJan on Hillbuzz uses the video to attack teachers unions, writing,

As I watched the video above, two thoughts immediately popped into my head:

1. Why do teachers’ unions claim they deserve more pay and endless benefits when this is the result of their “hard work” in the classroom?

2. I honestly can’t remember anyone this dumb in my Catholic high school back in Ohio when I was going to school in the mid-90s. Continue reading →

Tales Of Ethics Dunces Past: Recalling the Self-Indulgent Suicide of Hunter Thompson

/ Jack Marshall / 7 Comments

I can’t claim that I am surprised that my post about the suicide of Don Cornelius attracted comments that either showed a misunderstanding of what I wrote or a stubborn determination to change the subject. It was not a post about the virtues of suicide, but about how suicide’sethical calculations may be changing as a broken medical care system increasingly makes the final years and months of the elderly a burden that crushes families and constricts the quality of life  for the nation generally. In short, killing yourself for your country may have to become an accepted practice, an ethical and courageous act, if something doesn’t change. Killing yourself for yourself—to avoid pain, problems, or the consequences of your own actions, should always be considered wrong, for wrong it is.

Jeff Hibbert, one of my favorite contributors here and also one with a great memory, reminded me that I had written on this topic once before. I had forgotten, but that post may be a useful contrast to the Cornelius post. There is not a word of it that I don’t still believe. It concerned the 2005 suicide of Hunter S. Thompson, the cult “gonzo journalist” who lived like frat boy and  wrote like angel. Here it is:

Hunter Thompson’s values were admittedly always a little out of whack, but nothing diminished the self-styled “gonzo journalist” in this world so much as his manner of leaving it. He shot himself to death last February while talking on the phone to his wife, with both his son and grandson in his house with him. Nice. That should guarantee some lucky psychoanalyst or three a comfy income for the foreseeable future. Continue reading →