The demise of the Tea Party movement may well come when it actually has to put individual candidates before the electorate and the media to carry its message. At least, that is what the ascendancy of Rand Paul, now the Republican nominee for the U.S. Senate in Kentucky after his primary victory this week, portends. Paul, before his first week as the nominee is up, has managed to expose himself as unacceptably challenged by the task of reconciling the deceptively simplistic philosophy of libertarians with real world ethics. Specifically, he has declared that he does not support the 1964 Civil Rights Act’s requirement that private businesses serve all members of the public, irrespective of race, nationality, religion and sexual orientation. This position Rand haltingly clung to despite withering interviews on National Public Radio and MSNBC’s Rachel Maddow Show. You can see the latter, in two parts, here and here. Continue reading
Ethics Dunces
Ethics Dunce: Ken Griffey, Jr.
The reports are that Hall of Fame-bound Seattle outfielder Ken Griffey, Jr. was passed over as a pinch-hitter in a recent Mariners game because he was asleep in the clubhouse. Other Mariner players leaked this embarrassment to the press; Griffey won’t discuss it, except to say that the reports are “not entirely accurate.” Others have noted that the outfielder is a serial napper, and has slept during games in the past. In other words, no big deal.
It is a big deal. Griffey gets paid $2,350,000 in 2010 to play baseball or be available to play baseball for approximately three hours a day for six months. If he’s napping during that three hours, he hasn’t fulfilled his obligation to be fully fit, awake and ready to play.
“But the baseball season is a grind!”
$2,350,000.
“It’s boring just sitting on the bench!”
$2,350,000.
“You don’t know what it’s like playing a professional sport!”
$2,350,000!
When a police officer, a fireman, a lawyer or another professional is unable to do his or her job because he is taking a nap, the response is usually a warning, or even dismissal. Homer Simpson sleeps on the job in his position at the nuclear energy plant, but 1) he’s a cartoon character and 2) he isn’t making $2,350,000.
There is a minimum level of diligence, loyalty and commitment employers are entitled to from those they employ, no matter what their salaries are. Sleeping on the job when one is making millions, however, adds significant theft to the mix. If Griffey wasn’t ill or hadn’t hadn’t had a recent run-in with a tsetse fly, he not only owes the Mariners an apology; he owes them about $14,000.
Ethics Dunce: Roman Polanski
I know, this is akin to shooting fish in a barrel. Still, Roman Polanski’s self-righteous protest of what he sees as victimization and injustice, recently published in the French magazine La Règle du Jeu, is worth noting if only as a useful case study of how privilege and rationalizations can lead to ethical delusion.
Polanski, proclaiming, “I can now remain silent no longer!”—which I doubt will take its place next to Dreyfus’s “I am innocent!” in the annals of memorable prisoner quotes—makes it clear in his statement that he has no remorse and admits no serious wrongdoing for drugging, raping and sodomizing a 13-year old girl, the 33-year-old crime that began his legal problems. Oh, he accuses authorities of being unfeeling to the now-grown victim, who has repeatedly said she would like to see the entire issue disposed of and forgotten so she can get on with her life, conveniently forgetting that his brutality and subsequent refusal to be accountable to U.S. justice are the sole reasons she is suffering. Continue reading
Ethics Dunce: President Barack Obama
I am old-fashioned, I guess: I really do not like to criticize this President, or any president, for being intentionally unethical. His is the most difficult job in the world, and requires more ethical dilemmas, more trading off of interests, and more responsibility, than a human being can be fairly expected to navigate with anything approaching perfection. Balancing the interlocking requirements of politics and leadership alone are virtually guaranteed to create ethical missteps
President Obama’s direct campaign appeal in his just-released video to “young people, African-Americans, Latinos, and women who powered our victory in 2008 [to] stand together once again” has to be criticized, however, because it is clumsy, offensive, a startling breach of integrity and a dangerous one at this time in America’s history. More than that, it has to be condemned. Continue reading
Ethics Dunce: George O. Wood
George O. Wood, general superintendent of the Assemblies of God, was one of a more than a hundred Christian leaders who signed the “Covenant for Civility”, a statement with the admirable purpose of encouraging respect, moderation and tolerance as citizens debate contentious political and social issues. Now Wood has withdrawn his name from the petition….because he doesn’t want his name on the same piece of paper as those who disagree with him on contentious social and political issues.
“The problem is the tent that has grown so large on the signatures of this that they are including people who are supportive of gay marriage and abortion rights,” explained a spokesman for Wood’s church, the nation’s second largest Pentecostal group. “He says that he cannot be a part of signing a document that includes people who are taking a viewpoint in their own issues that are clearly contradictory to the moral teachings of Scripture.”
Ah.
Wait a minute…What???
I don’t think Mr. Wood quite understands this respect and civility stuff. Respect other points of view, as long as they agree with yours? Use moderation in words, but display utter disdain for others in your actions? Why the heck did he sign this petition in the first place?
Now he’s doing the cause of civility a favor: getting George O. Wood’s name off the petition only strengthens it. Now somebody needs to send it to him to read. On second thought, never mind; he doesn’t respect the names on it enough to have the courtesy to consider it.
Gov. McDonnell’s Confederate History Month: The Musical
“Confederate History Month.” That title should be sufficient to have any semi-conscious American’s ethics alarms ringing, like “Dina Lohan, Mother of the Year.” That it didn’t for Virginia governor Bob McDonnell, at least until furious critics rang it for him, tells us something disturbing about the Republican’s ethical blind spots, and perhaps other things as well. Perhaps we can truly get through to Bob with a song…sung to the tune of that traditional Virginia favorite, Dixie. All together, now: Ohhhhhhhhhhhhhh… Continue reading
Apology: How I Became an April Fool and an Ethics Dunce
I’m not going to spin this. My conviction that the web hoax engineered by trial lawyer/blogger Eric Turkewitz violated the legal ethics rules was the product of a toxic mix of factors, prime among then being that I didn’t review my own files. When I finally, after nearly two days of answering complaints when I should have been hitting the books, checked the Rules of an ethics bellweather state that I often work in but had not for longer than usual, I read this:
RULE 8.4 Misconduct
It is professional misconduct for a lawyer to:
…(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation which reflects adversely on the
lawyer’s fitness to practice law;
This is an unusual version of Model Rule 8.4; indeed, the only other state to have adopted it (I think—I am no longer sure of much) is Wyoming. Yet it is a very useful variation of the Model Rule, because it eliminates all ambiguity about whether “dishonesty, fraud, deceit or misrepresentation” is meant to be as sweeping as it sounds. This formulation makes it clear that non-legal practice violations are covered, but that they have to reflect adversely on the lawyer’s fitness to practice law to qualify.
I had been wallowing in obscure clues from other jurisdictions–Tennessee, for example, which has the ABA wording but an odd Comment that begins…
[4] Paragraph (c) prohibits lawyers from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Such conduct reflects adversely on the lawyer’s fitness to practice law…
This could be taken to mean that all such conduct reflects adversely on fitness. The problem is, I don’t believe that, and I don’t believe that Tennessee means that.
The 8.4 version that I found was from…Virginia. Where I live. Where I have done more ethics CLE than anywhere else, beginning before the state even adopted the Model Rules format. Seeing this, two conclusions were unavoidable:
1. This is the predominant way jurisdictions think about 8.4. No state has rejected Virginia’s approach, and several have referenced it in Legal Ethics Opinions on the topic of what kind of non-legal practice-related conduct is covered by the Rules—-not subject to discipline, as I was arguing the past two days, but covered at all. The D.C. Bar has such an LEO, number 323, from 2004. I had a copy on file. The District of Columbia, where I’m a member of the bar.
2. I had made a big and inexcusable mistake, and compounded it by acting like the King of the Jerkwads. Continue reading
New Vistas in Cruelty, Bigotry and Segregation in Itawamba County
The last we heard about Constance McMillan was that the school district in Itawamba County, Miss. had cancelled the senior prom rather than allow the teenager, who is gay, to attend wearing a tux and escorting a girfriend. A court challenge achieved a ruling that the District could not bar Constance from attending her prom, but the judge declined to compel the District’s prom to go forward when he was assured that a parent-sponsored replacement prom was being organized.
Now we learn, from Constance, that she and her date were sent to a country club in Fulton, Miss., to attend what they were told was the prom, but when she arrived she discovered that only that five other students were there. Continue reading
Arg! “The Ethicist” Endorses Piracy!
Ah, another Sunday, another chapter in the crusade of Randy Cohen, a.k.a “The Ethicist,” to redefine the definition of “ethical.” I used to read “The Ethicist” column in The New York Times magazine out of professional curiosity, later, bemusement, and now I read it as a diagnostic exercise. Where did Randy acquire his bizarre fondness for certain forms of dishonesty? For the record, Cohen’s batting average of actually giving ethical, rather than unethical, advice appears to be holding steady at .750, which means that he advocates unethical means one out of every four inquiries. I’d say Charley Rangel would do better, and nobody’s likely to call him “The Ethicist” any time soon.
This Sunday, Randy is endorsing web piracy…really. Continue reading
Ethics Dunces: The Republican National Committee
Politico reports that the GOP, though the Republican National Committee and its Chair, Michael Steele, has refused to co-sign a statement created by the Democratic Party that calls on “elected officials of both parties to set an example of the civility we want to see in our citizenry,” and for “Americans to respect differences of opinion, to refrain from inappropriate forms of intimidation, to reject violence and vandalism, and to scale back rhetoric that might reasonably be misinterpreted by those prone to such behavior.”
The reason, we are told, is that the Republicans view the statement as “a trap,” because the Democrats could use the statement against them later. Huh? It could only be used against Republicans if Republicans did something that was inconsistent with the statement, such as, to take two ridiculous examples that would never happen, yell “You lie!” during a State of the Union message, or shout “Baby killer!” at a Congressmen.
The Republican’s obviously want to use uncivil and inappropriate rhetoric to stir up their base and raise funds. That is the only possible rationale for not signing the statement, and it is a blatantly unethical one.
Ethics Alarms 