Ethics Heroes: The Orleans Public Defenders

foldersWhen is it your ethical duty to refuse to do your job? Here is one example.

The Orleans Public Defenders office finally decided to force the issue of under-funding for the defense of indigent criminals in the city, announcing last week that, as Chief Defender Derwyn Bunton warned nearly two months ago without any official response, it will begin refusing to handle serious felony cases in which defendants face lengthy or life sentences. Such cases include murder, attempted murder, forcible rape and armed robbery.

The office either needs more funding or reduced caseloads. The city must provide a lawyer for those charged who cannot afford counsel (The 6th Amendment and the Supreme Court insist) , but like almost every city in the nation, the funding for the New Orleans public defenders service is pitiful. With an inadequate staff of lawyers who must handle more cases than it is possible to defend competently, this creates both a Constitutional crisis and an ethical one.

Defense lawyers, like all lawyers, must do a competent job. The professional ethics rules require attorneys to control their workloads: Comment 2 to ABA Rule 1.3, which corresponds to the Louisiana rule, states that a lawyer’s workload “must be controlled so that each matter may be handled competently.” Most public defenders offices know that their clients’ right to representation is being compromised by under-funding, but choose to soldier on, doing the best they can. Several years ago, one office even argued that their clients had “consented” to less than competent representation, because the alternative was no representation at all.  (The court did not agree.)

The American Bar Association addressed this problem in a formal opinion, and wrote, Continue reading

Ethics Exercise: What’s Ethically Wrong With Sybrina Fulton’s Endorsement Of Hillary Clinton?

Author above...

Author above…

Sybrina Fulton is Trayvon Martin’s mother. Here is the entire article, published on CNN’s website:

Today, throughout many communities of color, our young people go about their lives feeling as if they are a target in their country. It’s become a sad fact of life that senseless gun violence can strike with little or no warning, either from neighborhoods that have become flooded with firearms, or police who are too quick to resort to deadly force.

Gun violence is an epidemic that kills 33,000 men, women, boys and girls every year. On top of those needless deaths, law enforcement agencies in America kill more people in a month than many other countries’ police forces kill in years. When those precious lives are taken, it forever tears apart the lives of thousands more — the friends and families who loved them, and who always will.

Losing a child is any parent’s worst fear. As a mother who has had to live that horrible nightmare in a very public spotlight, I hope that by speaking out, it will help focus some of that light onto a path that can help our nation find its way out of this darkness.

Last week, President Barack Obama took some important steps that included strengthening the background check system for purchasing guns without diminishing our Second Amendment rights. I was glad to see these actions put in place, and was moved by the tears of not just our President but of a father who clearly understands my anguish.

But next year we will have a new president. And everything Obama has done — even common-sense reforms that a majority of gun owners agree with — will be overturned if that president is a Republican. In fact, the Republican candidates have vowed to roll back all of these sensible measures. And many of them have shown open contempt for the simple notion that Black Lives Matter.

With so many of our children’s lives on the line or taken, we simply can’t afford to elect a Republican who refuses even to acknowledge the problem of senseless gun violence. The rising generation of our young people need a president who will stand up to inaction from Republicans and indifference from the National Rifle Association.

I believe that person is Hillary Clinton.

I know Clinton is tough enough to wage this fight. I’ve seen her do it for years. As first lady, she advocated for the Brady Bill and convened meetings on school violence. As a senator, she voted to extend the assault weapons ban and against an immunity law that protects irresponsible gun makers and dealers from liability.

In spending some time with her in person, I also found a mother and a grandmother who truly heard me, and understood the depth of my loss.

She knew all the statistics. But like so many, I’ve long since grown numb to the numbers. So instead, we talked about Trayvon and other families who have lost a loved one to gun violence. We talked about all of the wishes and hopes we had for their lives. And knowing we can never get them back, we discussed how to prevent more moms from losing their sons to gun violence.

Clinton will uphold President Obama’s recent executive actions, and then she’ll go even further. Her plan focuses on reforms that would help keep more guns out of the hands of criminals. It would finally close the gun show loophole, and the outrageous provision that allowed someone with an arrest record to buy the gun used to shoot and kill nine parishioners at the Emanuel AME Church in Charleston, South Carolina.

I agree with the President: We should only support leaders that fight for common-sense gun reforms. Clinton passes that test.

Just as importantly, Clinton also wants to address the larger, systemic problems. She has a plan to begin to heal the distrust and divide that too often exists between law enforcement and the communities they serve.

She has called for key reforms — from better training for officers to eliminating racial profiling and investing in body cameras for every police department. She sees what I see: a criminal justice system that is not always just. A system that has contributed to creating a reality where just selling cigarettes, playing loud music, looking at a cop the wrong way or walking home from the store are now activities that can get you killed.

If you look at the numbers, America is missing 1.5 million men of color — lost to a system of violence and mass incarceration that seems to have long since forgotten them, but we haven’t.

Not only am I missing my son, but too many other moms like me are missing their sons — Eric Garner, Jordan Davis, Laquan McDonald, Freddie Gray, Michael Brown, Oscar Grant, Sean Bell, Tamir Rice. As their mothers, we must do more than just cry. And all of us must do more than speak out, protest and march.

We must vote!

Ethics fouls: Continue reading

David Brooks’ Dirty Hit On Ted Cruz: How Pundits Lose Credibility

That's some role model you've chosen there, David

That’s some role model you’ve chosen there, David

…or at least deserve to.

Here is how New York Times columnist David Brooks begins his character evisceration of Ted Cruz:

“In 1997, Michael Wayne Haley was arrested after stealing a calculator from Walmart. This was a crime that merited a maximum two-year prison term. But prosecutors incorrectly applied a habitual offender law. Neither the judge nor the defense lawyer caught the error and Haley was sentenced to 16 years.

Eventually, the mistake came to light and Haley tried to fix it. Ted Cruz was solicitor general of Texas at the time. Instead of just letting Haley go for time served, Cruz took the case to the Supreme Court to keep Haley in prison for the full 16 years.

Some justices were skeptical. “Is there some rule that you can’t confess error in your state?” Justice Anthony Kennedy asked. The court system did finally let Haley out of prison, after six years.”

From this, Brooks goes on to conclude…

…Cruz’s behavior in the Haley case is almost the dictionary definition of pharisaism: an overzealous application of the letter of the law in a way that violates the spirit of the law, as well as fairness and mercy….Cruz’s speeches are marked by what you might call pagan brutalism. There is not a hint of compassion, gentleness and mercy. Instead, his speeches are marked by a long list of enemies, and vows to crush, shred, destroy, bomb them.

Cruz’s behavior in the Haley case [Dretke v. Haley] does nothing of the sort. The columnist intentionally—I’m assuming that he read the case, now—misrepresented what the case was about, how the court reacted, and what Cruz’s ethical duties were regarding it. As it happens, I share much of Brooks’ dislike of Cruz’s rhetoric. This case, however, tells us nothing about Cruz’s character. It tells us that that as Solicitor General of Texas, Cruz did his job, which was to represent his client’s position.

James Taranto, the pretty damn brilliant Wall Street Journal blogger, wit and conservative pundit, nails Brooks to the wall. He writes in part… Continue reading

Is There An Ethical Obligation Not To Allow Idiots To Have Decision-Making Power In State Governments? The Case Of Flipper’s Privacy…

dolphins

A dolphin died in New Jersey’s South River last year, so a blogger sought to discover what killed it. She duly filed a public record request to the NJ Department of Agriculture for the results of the dolphin’s autopsy.The Department turned down her request, on the grounds that it violated the amended Public Records Act, which includes an exception for HIPAA information, including diagnosis and autopsies:

Dolphin privacydolphin privacy 2That’s right: New Jersey wants to protect the dolphin’s privacy. No, there is no dolphin autopsy exception to New Jersey’s law, and no cetacean privacy inclusion in HIPAA. On the off-chance that it isn’t obvious, Louis Bruni is an idiot.

This should be funny, I guess, but my patience with fools and dolts making life more difficult, expensive, inefficient and frustrating has about run out. My rapidly developing theory on crazy people starting to shoot other, thus-far less crazy people is that constant contact with the Louis Brunis of the world drive them to it, when combined with hopelessly bewildering technology and outrageously complicated rules, laws, regulations and procedures and the brazen dishonesty and corruption of so many of the “public servants” who are pledged to care about our welfare.

One day a delicate soul, their sanity on the ragged edge, makes a simple request, not even in an important matter, and are foiled by someone who thinks Dead Flipper has privacy rights, and who nonetheless has his salary paid by taxpayers. Out of the millions and millions of Americans who cope with this crap every day, day after day, an infinitesimal percentage of the public can’t handle that one extra insult to logic and common sense. and snaps like a dry twig in the wind. Like Sweeney Todd, their now damaged mind concludes that there are two groups of human beings, those who make everyone else miserable because they are evil, stupid, or both, and those who are the first group’s helpless victims. “Kill them all!” the now deranged victims of our Brunis conclude: killing the miscreants is just, and killing their suffering victims is merciful.

And off they go.

Now imagine layer and layer of Brunis, up and down all levels of government, sometimes reaching executive levels with access to real power. You know, like Joe Biden. John Kerry. Michele Bachmann. No, don’t. We have enough crazy people all ready.

Here…this will calm you:

UPDATE: Here we discover that Mr. Bruni previously was fined for lying about attending….required ethics classes! [Pointer: Phil Alperson]

_________________________

Pointer: Fred, one of his best.

 

Ethical Quote Of The Week: Washington Post Columnist Ruth Marcus

Frank Costanza

“So when you hear arguments over whether Cruz can be president, don’t worry about the senator from Texas. Think instead about the little girl adopted from China, learning about civics in her second-grade classroom and being told that she can never become president of the only country she has known.”

—-Washington Post editor and op-ed pundit Ruth Marcus, concluding a column titled, “Abolish the ‘natural born citizen’ test”

I love this quote, in no small part because it provides a neat exception to the general rule that an advocate using “Think of the Children!” as an argument is usually as sign that the advocate doesn’t want us to think at all. In this case, however, it is appropriate to think of that Chinese orphan, or my Russia-born son (rather than, say, George Costanza’s Italian born father on “Seinfeld,” who ignored politics on the grounds that he felt unfairly prohibited from running for President, shouting, “They don’t want me, I don’t want them!”), as well as figures like Arnold Schwarzenegger. The requirement for Presidents to be not just citizens in good standing, but “natural born” citizens, is the epitome of a Constitutional provision that once made sense but now does not. Marcus: Continue reading

Ethics Dunce (From The Shark-Jumping Files): The National Organization For Women

Fomzi, Homer, The National Organization for Women...

Fomzi, Homer, The National Organization for Women…

It would be good for the nation and national discourse on gender-related matters if there existed a national organization, operated with integrity, intelligence and dignity, that addressed legitimate issues of women’s rights with the zeal of an advocate as well as professionalism and common sense. There was a time, so long ago now that I can’t even recall exactly when it was, that the National Organization for Women appeared capable of evolving into just such an organization. As this incident shows beyond a shadow of a doubt, that chance has passed. NOW has descended into permanent knee-jerk hackery, the realm where its neighbors are such predictable and rightly-maligned one-note fanatics as PETA, the NRA, NARAL, and Media Matters. What a shame. What a lost opportunity to do good.

When the Worst of Ethics 2015 is finally published here (It’s coming! I swear!), the “Rolling Stone” fiasco featuring the fantasy rape accusation of “Jackie” against a University of Virginia fraternity will take one of the “honors,” and maybe more. From that collision of campus sexual assault hysteria and incompetent journalism came real harm, and several of the victims are suing the publication for defamation. One such victim is a University of Virginia associate dean named Nicole Eramo, who is alleging in her lawsuit that the magazine falsely portrayed her as negligently unconcerned with allegations of sexual assault on campus and as the now totally discredited fraternity gang rape tale’s villain.

Counsel for Eramo has asked that a court require “Jackie” to turn over any communications ,related to the alleged assault, between Jackie and  the magazine, friends, family and a campus support organization. Now NOW has presumed to interfere, and is trying to derail the lawsuit. In an open letter published this week, NOW president Terry O’Neill called on UVA president Teresa Sullivan to get Eramo to drop the suit. (She cannot force her to do that, however, and it would be unethical for Sullivan to try.) Continue reading

From Missouri: Good Ethics Theory, Dumb Bill

Rep. Bart Korman, deep thinker...

Rep. Bart Korman, deep thinker...

A proposed bill, sponsored by Rep. Bart Korman, a Montgomery County Republican in the Missouri legislature, would require lobbyists who have sex with a Missouri lawmaker or a member of a lawmaker’s staff  to disclose it to the Missouri Ethics Commission. The bill defines sex between lobbyists and legislators as a gift, so  sexual relations would have to be included on monthly lobbyist gift disclosure forms.

In theory, the bill is ethically admirable. Lobbyists having sex with legislators is unethical, and vice-versa. It creates a conflict of interest for the legislator, creates an appearance of impropriety, suggests a quid pro quo arrangement, and either is or looks like the equivalent of a bribe. It is grossly unprofessional for both sex partners. It is unethical in every way.

The proposed law, however, is stupid and incompetent beyond belief or justification. It doesn’t even send an important message: everyone already knows that for lobbyists and elected officials to have sex is unethical. Lobbyists and legislators are already professionally obligated to report professional misconduct, by themselves and others. This is the ethical duty of disclosure and transparency. Why would any lobbyist so unethical as to have sex with a legislator he or she was supposed to lobby suddenly decide to abide by a law and disclose it, thus embarrassing his or her paramour? It makes as much sense to pass a law requiring burglars to report their break-ins and thefts, or to require tax cheats to list the money they hid on their last tax returns as income on the next one. Continue reading

Unethical Quote Of The Month: Hillary Clinton (And By The Way, KABOOM!)

head exploding

“I was surprised that he used personal email account if he is at State.”

Hillary Clinton, responding to a 2011 e-mail sent by senior aides  about a dispatch from John Godfrey, a State Department employee.

This wasn’t the most explosive of the Clinton e-mails revealed today by the court-ordered State Department release, but it’s the one that made my head explode. How long did Hillary claim that her using a private e-mail sever for official communications was “permitted,” that she did nothing wrong, that no State Department procedures or policies dictated otherwise, four years after she expressed surprise at the irregularity of Godfrey’s conduct? Hillary wasn’t just careless or clueless—she knew all along that using a personal e-mail account was wrong and risky. Why else would she be “surprised”? Who is surprised at employees doing what is allowed and appropriate? Continue reading

Here’s What Was REALLY Wrong With Bill Cosby’s Sweater…

Cosby sweater

Washington Post fashion editor Robin Givhan set off a lively controversy by alleging that the “grandpa” sweater Bill Cosby wore to court was a calculated and manipulative ploy to gain public sympathy. “Bill Cosby’s perp walk was striking for its overwhelming lack of grace and power. It was an exploitation of our assumptions of fragile old age,” she wrote.  “It was the explicit manipulation of a studiously unattractive sweater.”

Was it? Lawyers often micro-manage a clients’ appearance in court; when it amounts to deception, I have written that it is unethical. Cosby’s attire seems hardly deceptive; after all, he is famous for his sweaters. There is even a pop song called Cosby’s Sweater. Ann Althouse agrees with Givhan that it was “a con,” but suggests that it’s an ethical con because “everybody does it.”

I don’t understand either Givhan’s logic or Althouse’s, and if Cosby’s lawyers talked him into this costume, they did him no favors. Cosby’s best armor against the verdict of public opinion is that Cliff Huxtable would never do the horrible things he’s being accused of.  There is no better, more benign, more appealing image of Bill Cosby than “TV Bill Cosby” as we fondly remember him. In court, he looked like a dirty old man, which is what he apparently is. Cliff Huxtable wouldn’t be caught dead wearing a sweater like that to court. (Bill would have also been well-advised to shave.) Continue reading

The Ted Cruz Eligibility Controversy

Cruz birthSenator Ted Cruz was born to an American citizen mother in Canada. The Constitution says that to be eligible to be President, a citizen must be “natural born.” Donald Trump, who also challenged the birth place and eligibility of President Obama, has raised the possibility that the circumstances of Cruz’s birth might be a “problem.” Cruz laughed the issue off saying that it is “settled law” that a citizen born of an American citizen abroad qualifies as “natural born” under the Constitution, following the definition in the British Common Law.

What’s going on here?

Weeeelll…

1. Trump is being a jerk, but as has been the case before, somebody needs to be one, because it is not—exactly—“settled law.” It is way past time that this controversy was settled once and for all. Continue reading