Law & Law Enforcement

Ethics Quiz: Rank The Unethical Politicians!

/ Jack Marshall / 30 Comments

Three pols

For your first Ethics Alarms Ethics Quiz of the New Year:

Consider these unethical politicians from Florida, Texas and California…

Unethical Politician A:

California State Sen. Kevin de Leon (D-Los Angeles)

Ethics Failures:

Competence, Responsibility, Diligence

Explaining his proposed legislation SB808, dealing with “ghost guns” (that is, home-made weapons) at the California Capitol in Sacramento last week, de Leon held up such a firearm and said, “This right here has the ability with a .30-caliber clip to disperse with 30 bullets within half a second. Thirty magazine clip in half a second.”

This is genuine anti-gun gibberish that could not possibly be uttered with a straight face by anyone even slightly familiar with guns. There is no such thing as a “30-caliber clip;” he is referring to a 30-round magazine. (There is also no such thing as a “30 magazine clip.) “Caliber” refers the measurement of the width of a bullet or the internal diameter of a gun barrel, not what the magazine will hold. And the average rate of fire for a semi-automatic rifle, which is what he was holding, is about 120 rounds per minute, not 3,600 rounds per minute.

Why are legislators who don’t care enough about guns to educate themselves about what they are, how they work and what they are capable of doing, submitting legislation about guns? Because they just know guns are dangerous, and in their infantile, knee-jerk reasoning, that’s all they have to know. The rest is fakery: the legislator is pretending that he has sufficient expertise to be credible on the issue, when he is too lazy and arrogant to do the minimum study necessary to render him qualified to vote on gun regulations, much less author them.  This is the equivalent of a legislator who thinks babies are delivered by storks proposing abortion laws. Continue reading →

The Reasonable, Ethical Firing of Maria Conchita Alonso

/ Jack Marshall / 63 Comments

V_logo_currenteventsOnce again we confront a variation of the “Duck Dynasty” issue of entertainers losing their jobs over their expression of political, religious or other opinions that have nothing to do with their performances.

Actress María Conchita Alonso, who has been an outspoken advocate of conservative  policies on occasion, was recruited by the camp of the Tea Party candidate for governor of California, Tim Donnelly, to appear in a campaign video.  Donnelly is a hardliner on illegal immigration, or as supporters of open borders and stolen U.S. benefits of citizenship like to call it to blur the issues, “undocumented workers.”  Following the ad’s debut, many Hispanic residents of San Francisco protested and threatened to boycott the Brava Theater Center’s production of a Spanish-language version of “The Vagina Monologues,” which was starred the actress.

Not any more. Alonso “resigned”from the cast—actually she was the cast, since “The Vagina Monologues” is a one actress show—which means she was forced to quit or be fired. Continue reading →

The Good News: For Once, A False Rape Accuser Was Sent To Jail. The Bad: The Sentence Is Ridiculous

/ Jack Marshall / 64 Comments

And while we are on the topic of offensively lenient sentences to horrible and dangerous criminals:

"The Flaying of Marsyas" by Titian

“The Flaying of Marsyas” by Titian

In Michigan, St. Clair County Judge Daniel Kelly sentenced Sara Ylen to at least five years in prison Friday for falsely accusing two men of rape. She’s a vicious serial liar: a few days earlier, she pleaded no contest to a cancer scam in a separate case.

Thirty-eight-year-old Ylen had accused a construction company owner and a mental health worker of invading her home and raping her after she drove her children to school in 2012. To help frame them, she went to the extreme of  using makeup to create what looked like bruises and carving an epithet in her arm. They would have been charged, too, except that both men had airtight alibis.  While working to ruin the lives of the innocent pair (they went to the same church as her ex-husband), Ylen also accepted thousands of dollars from supporters while claiming to have end-stage cervical cancer that had spread throughout her body.

At trial her attorney, David Heyboer, argued (zealously, as is his duty) that she was obviously disturbed, and that a single year in the local jail was sufficient punishment, even though this was her second set of false rape accusations. He made this argument without laughing, too. That’s a professional. Continue reading →

Ethics Tales Of Three Governors, As Hope Slowly Dwindles

/ Jack Marshall / 30 Comments

McAuliffe-Christie-Cuomo

The U.S.’s recent experiment with a Senator-President has been disheartening—persuasive words unhinged to action and actual principles. There was a remarkable example of this in the President’s NSA speech, in fact, in a quote that would have been the Ethics Quote of the Month had it not been so cynical coming from him. The President said…

“Given the unique power of the state, it is not enough for leaders to say: Trust us, we won’t abuse the data we collect. For history has too many examples when that trust has been breached. Our system of government is built on the premise that our liberty cannot depend on the good intentions of those in power; it depends on the law to constrain those in power.”

Wonderful! If only this had been uttered by a leader with credibility and integrity, rather than one who has shrugged off, firing no one, interference with the federal election process by the IRS, illegal spying by the NSA, and the intentional facilitation of illegal firearms coming into the murderous hands of drug cartels by his Justice Department, after bombing Libya illegally in defiance of law, selectively enforcing immigration laws, using drones to kill American citizens abroad without due process, making recess appointments when the Senate wasn’t in recess, and more recently, unconstitutionally amending the ACA on his own after it was signed into law.

This was all foretold, however. Community organizers and senators make speeches and inspire people, but unfortunately seldom have a clue how to actually govern unless, as Obama himself has wistfully noted, they have absolute power. This is why, in theory, at least, state governors, who at least have experience governing, now seem like a better recruitment field for the next occupant of the Oval Office. It sounds good in the abstract, but the recent news from the state houses  is like ice water in the face—-

The Quality Of Mercy Is Not Strain’d, But It Is Sometimes Infuriating

/ Jack Marshall / 37 Comments
"Murdered toddler...price? Oh, I think 5 years is about right."

“Murdered toddler…price? Oh, I think 5 years is about right.”

I find this story, from Virginia, harder to accept than the infamous “affluenza” case:

MANASSAS — A judge has sentenced a Manassas baby sitter to five years in prison for the murder of a toddler she had been watching, leaving the child’s family outraged by the light sentence.Twenty-two-year-old Jessica Fraraccio pleaded guilty last year to killing 23-month-old Elijah Nealey after he wouldn’t stop crying.Fraraccio had initially said Elijah slipped in the tub, but months later admitted pulling a chair out from under him and smothering him.

Why? 1) The murder was intentional. 2) Fraraccio was in a position of trust. 3) She, unlike Ethan Couch, the teenaged drunk driver in the “affluenza” vehicular homicide case, was an adult. 4) As bad as killing someone accidentally while driving drunk (and without a license, and speeding) is, killing a helpless infant intentionally is worse.

Worse also than the lenient judge’s rationale in the Ethan Couch case—she believes the boy can be rehabilitated—is the utterly indefensible theory of the judge who sentenced Fraraccio. From the Washington Post: Continue reading →

Occupational Hazard: Those Annoying, Hair-Trigger Ethics Alarms

/ Jack Marshall / 10 Comments

cab metter

The danged ethics alarms start ringing loudly at the oddest times.

On Thursday afternoon, I was completing a cab ride from Houston’s Bush airport to the downtown law firm where I was to participate in an elaborate Inn of Court presentation, when I noticed some fine print on the window to my left. In its wisdom, the state of Texas had a)  designated me a senior before my time, and b) decreed that such newly-minted seniors were among those guaranteed  a 10% discount on their can fares. I had two disparate reactions to this stunning development in rapid succession.

First, in the tradition of Shirley MacLaine in “Terms of Endearment” when she raged at her daughter (Debra Winger) for becoming pregnant and thus making it imminent that she would be a grandmother, I was ticked off. Then I thought, “Well, what the hell. If Texas wants to save me money (this was going to be a hefty fare), why should I stop it?” Then the ethics alarms started ringing. Continue reading →

Ethics Dunce: Law Professor Josh Blackman, Too Desperate To Take A Cheap Shot At Justice Scalia

/ Jack Marshall / 39 Comments

Supreme Court Justice Scalia, though not quite to the absurd degree of Sarah Palin, is a conservative who inspires such visceral dislike from the residents of the American Left that he often inspires them to behave irrationally in their eagerness to express their contempt. Such was the case this week, when Scalia sharply rebuked a lawyer making his oral argument before the high tribunal in the case of Marvin Brandt Revocable Trust v. United States, a property rights dispute over the conversion of abandoned railroad rights of way into public trails. The advocate, Steven Lechner, was before Scalia and his colleagues for the first time, and began his argument by reading from his notes. This is not cool, and violates Supreme Court tradition, rules, and long-observed standards.

Tony Mauro, blogging at the Legal Times, explains: Continue reading →

The Unforgivable Conflict of Interest: Sports Agents, Robbing Their Ignorant Clients

/ Jack Marshall / 13 Comments
The ethical course is to choose.

The ethical course is to choose.

Sports agents are rich, powerful, and ethically handicapped by inherent conflicts of interest. The first two qualities so far have insulated them from dealing fairly and openly with the second. This is wrong, and has got to stop. For it to stop, it would help if the players, their unions, the sports leagues and the sports media didn’t either intentionally pretend not to see the obvious, or weren’t too biased and ignorant to realize what’s going on.

Four years ago, I wrote about this problem in a long piece for Hardball Times, a baseball wonk blog of consistent high quality.  The specific agent I was writing about was Scott Boras, the king of baseball player agents, but the egregious conflict I flagged isn’t confined to that professional sport; it’s present in all of them. In the article, I argued that Boras, a lawyer, is engaged in the practice of law when serving as an agent and was therefore violating the legal ethics rules, which prohibits having clients whose interests are directly adverse to each other, specifically in the so-called “Zero-Sum Conflict” situation.

A lawyer can’t assist two clients bidding for the same contract, because the better job he does for one, the worse his other client fares. A lawyer can’t sue a defendant for every penny that defendant has on behalf of one client when he or she has another client or two that have grievances against that same defendant—if the lawyer is successful with the first client, he’s just ruined his other clients’ chances of recovery. There is some controversy over whether the legal ethics rules automatically apply to a lawyer-agent like Boras, but never mind—whether he is subject to the legal ethics rules or not when serving as an agent, the conflict of interest he is blithely ignoring still applies, still harms his clients, still puts money in his pockets, and still should not be permitted. Continue reading →

Christie And Obama: Is It Me? I Keep Expecting Partisans And the News Media To Have Integrity And Honesty, And I Keep Getting Disappointed…

/ Jack Marshall / 10 Comments
Nah!

Nah!

The news media feeding frenzy over Chris Christie’s traffic jam scandal continues, with the news that a special prosecutor is being handed the investigation being treated with solemn nods and predictions of sinister revelations to come. This is all fine and good: the possibility that any elected government leader would intentionally cause pain for the citizens it is pledged to serve is too offensive to the concept of duty to be allowed to linger in doubt. When a New Jersey Democratic legislator opined that the governor should face impeachment if it is shown that he ordered the despicable traffic sabotage, I heartily agreed, and I count myself as a Christie admirer. The poll results so far regarding this incident, especially in New Jersey, are troubling: by Ann Athouse’s calculations, 7% of those polled believed that Christie was behind the outrage and lied about it, and don’t mind a bit. Where are the ethical standards of such individuals? What’s wrong with those people?

Whatever it is, it is apparently the same thing that is wrong with Democrats, progressives, African-Americans and the news media, who don’t seem bothered at all that equally insidious, or worse, governmental abuses have been, may have been or are being engineered by President Obama and/or his lackeys, and there appears to be no accountability for it, or even adequate bipartisan criticism. How can this be? What am I missing? Continue reading →

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Three)

/ Jack Marshall / 37 Comments

Jill-Greenberg

Unethical Artist Of The Year

Photographer Jill Greenberg, whose art requires parents to make their children cry. Runner-up: Peeping Tom photographer/artist Arne Svenson

Kaitlyn Hunt

False Allegation Of Anti-Gay Bigotry Of The Year

Kaitlyn Hunt’s parents, who spun a false tale of anti-gay prejudice to portray their sexual predator daughter as a victim after she was accused of statutory rape by the parents of her under-age target. Hunt’s parents even managed to suck the ACLU into their web and the liberal-leaning press portrayed her as a martyr to anti-gay bias. But Hunt’s lies ultimately caused her cover-story to unravel.

 Unethical Hoax Of The Year

Oberlin students Dylan Bleier and Matt Alden, aided and abetted by  Oberlin College and its president, Marvin Krislov. The two students, self-proclaimed progressives, posted a series of racist and anti-Semitic posters, graffiti and anonymous emails as “an experiment.” Krislov and Oberlin, after cancelling classes and engaging in campus-wide navel-gazing, continued to allow the media and the public believe that this was the work of racists on campus well after it had learned who the real miscreants were.  Runner-up: The horrible Meg Lanker-Simons, former University of Wyoming student (now admitted to law school—I don’t want to talk about it) who threatened herself with rape and used the bogus threat to show that her campus was violent and sexist.

Most Unethical Use of Social Media Continue reading →