Law & Law Enforcement

Ethics Hero: Former Brooklyn Judge Frank J. Barbaro (Zimmerman Furies: Is This Your Future?)

/ Jack Marshall / 42 Comments

We can hope.

From the NY Times...

 The judge’s conscience gnawed at him a little more every year after he retired from the bench. With every news article he read about a wrongful conviction, Frank J. Barbaro, the former Brooklyn judge and assemblyman, would return to a particular murder case in 1999, and question whether he had made the right decision to send a man to prison for 15 years to life. Not long ago, Mr. Barbaro, 85, decided to contact the lawyer for the man, Donald Kagan. He got a transcript of the trial, during which Mr. Kagan had waived his right to a jury and put his fate in Judge Barbaro’s hands.

“As I read it, I couldn’t believe my eyes,” the former judge said in an interview. “It was so obvious I had made a mistake. I got sick. Physically sick.”

Mr. Barbaro’s change of heart led to a highly unusual spectacle this week in a Brooklyn courtroom: He took the witness stand in State Supreme Court to testify at a hearing that his own verdict should be set aside. His reason was even more unusual: As a die-hard liberal who had fought as a politician against racism in Brooklyn and weathered the race conflicts in Bensonhurst, he said he had been biased against Mr. Kagan because he was white and the shooting victim, Wavell Wint, was black.

“I believe now that I was seeing this young white fellow as a bigot, as someone who assassinated an African-American,” Mr. Barbaro testified on Wednesday before Justice ShawnDya L. Simpson. He added: “I was prejudiced during the trial.” Continue reading →

Race-Baiting At “The Root”

/ Jack Marshall / 44 Comments

The African-American news and commentary site The Root has plowed some new ground in the field of disgusting race-baiting.  An article by Charles D. Ellison argued that the same conservatives who fought to block Terri Shiavo’s husband from authorizing the withholding of her food so his vegetative wife could die should be supporting Jahi McMath’s parents’ efforts to keep their brain dead 13-year-old daughter on life support. That they are not, he suggests, is because Terri was white, and Jahi is black.

I wrote about Schiavo’s plight here, over at the Ethics Scoreboard, in 2005. I wrote recently about Jahi McMath, here. There is no inconsistency in my positions, but there is also none in the reactions of some conservatives to the two cases, because they are not comparable. Here’s  Billy Crystal explaining the divergence exquisitely in “The Princess Bride”:

In Billy’s words, Jahi is all dead. She is brain dead, which is to say, dead. Keeping her on life support is a waste of resources, and a tragic exercise in denial. Terri was mostly dead, and was never getting better. Most of her brain was gone, but her vital functions were still operating. Conservatives regarded the withholding of food from her as murder, just as they oppose the destruction of frozen embryos that will never be born.

They were wrong to try to interfere in Terri’s case, but that is irrelevant here. There is no racism involved at all. If Jahi were white, she would still be all dead, and even the most doctrinaire conservatives don’t believe that dead people should be kept on respirators.

The Root’s piece is dishonest, ill-informed, hateful and unfair.

_____________________________

Pointer: Althouse

The Fifth Annual Ethics Alarms Awards: The Best of Ethics 2013

/ Jack Marshall / 51 Comments

Ethics Story 2013

I decided to start with the Best in Ethics this year, in contrast to other years, on the theory that it would get things off to a positive start in 2014. What it did, instead, was make me realize how negative Ethics Alarms was in 2013. Either there wasn’t much positive going on in ethics, or I wasn’t seeing it. My thanks to those of you who send me nominations for Ethics Heroes (and other stories); even when I don’t write about them, they are valuable. Please keep them coming. In the meantime, I pledge to try to keep the jaundice out of my eye in 2014. Things just can’t be as dire as they seemed last year.

Could they?

Here are the 2013 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The U.S. Supreme Court declared the Defense of Marriage Act unconstitutional, paving the way for the universal legalization of gay marriage. Yes, it was a legal decision, but it was also based, as all such culturally important decisions are, on a societal recognition that what was once thought to be wrong and immoral was, in fact, not. This is ethics, an ongoing process of enlightenment and wisdom about what is right and wrong, and the U.S. Supreme Court did its part. Continue reading →

What Do You Do With The Drunken Judge? Media Distortion And Judge Gisele Pollack

/ Jack Marshall / 13 Comments

Broward County (Florida) Judge Gisele Pollack, a recovering alcoholic, showed all the signs of suffering a relapse during her session on the bench two weeks ago, when she abruptly ended the day’s proceedings after an hour and a half that featured the judge slurring her words and acting erratically. She presides over misdemeanor drug court, a program she established shortly after being elected as a county judge.  Her program offenders to have their charges dismissed and their drug records erased after six months of treatment.

After staying away from work for a day, Judge Pollack returned to the bench in the late afternoon, and presided over a courtroom packed with about a hundred drug offenders, along with  their friends and their families. The event marked the completion of rehab for dozens of offenders and the dismissal of their misdemeanor marijuana charges.“You’ve got to remain vigilant,” she told the graduates, emphasizing that they had to work hard to avoid relapses that would  place them back in front of her, and perhaps in jail.

After court, she acknowledged her own health crisis and announced that she was going into an outpatient rehab program. An attorney retained by the judge in the wake of her conduct attributed her relapse to personal issues, telling reporters that she has  “had some severe personal tragedy in her life. Her mother recently passed away, and they were very close. It’s been really devastating for her.” Apparently her son is also suffering from a serious illness. Broward Public Defender Howard Finkelstein, a longtime friend, told reporters, 

“If this causes the people to not have faith and not have trust in what goes on in that drug courtroom, then she will have to step aside,’ he said. ‘My hope is is people will wrap their ever-loving arms around Judge Pollack just as she has wrapped her arms around thousands of people.”

What’s going on here? I think it’s pretty obvious: a recovering alcoholic in a critical position of public trust suffered a relapse, as alcoholics are wont to do. If one is an alcoholic, this is a symptom of a very persistent, pernicious and incurable disease that kills many Americans every year, does horrific damage to families, businesses, governments and the economy, and that is incurable. Being an alcoholic is not an ethical violation for a judge or a lawyer, nor is having a relapse. Allowing that relapse to affect the competent performance of one’s duties, however, is an ethical violation that calls into question a legal professional’s ability to do her job. It could trigger professional sanctions; it certainly should trigger an official inquiry. A Florida judge appearing drunk on the bench, just once, is still a massive ethical breach. It arguably violates the first five Canons of Judicial Ethics a Florida judge is bound to follow… Continue reading →

Ethics Hero: “Ludo,” Under-Employed Law Grad Blogger

/ Jack Marshall / 8 Comments

True Grit - Reminds me of me

As Rooster Cogburn (John Wayne) says of plucky Maddy Ross (Kim Darby) in the original, and best, film version of “True Grit,” Ludo “reminds me of me.”

Naturally, I admire him.

Ludo is, in his own words, ” a recent law school graduate and aspiring writer from Southern California. He is currently overeducated and underemployed, working two jobs and keeping sane only by writing down the stories of the crazy stuff happening to him.  He is currently working on his first book, a collection of stories from his days driving a taxi in Orange County….” He is beginning to get some publicity thanks to his blog, Law Grad Working Retail, which provides sometimes hilarious accounts of his current existence as an over-educated, presumed automatic admittee to America’s powerful and elite presumably thrust into life the way most of America lives it.

Do not lump Ludo with “Nando” and the other bitter, unemployed or under-employed recent law grads who have had their ire aroused by my observations about them on Ethics Alarms   (also here). He is doing exactly what he should be doing, using his unique talents to open up new opportunities while presenting himself to the world of law and elsewhere as a likely asset. As he writes in a recent post rebutting criticism of his blog… Continue reading →

Ethical Burglar Of The Year (Assuming Santa Doesn’t Qualify)

/ Jack Marshall / 18 Comments

Now this is an ethics category you don’t see very often!

"Let's hope that I do not, while gathering my swag, encounter evidence of a crime that, unlike burglary and theft, my personal value system regards as repugnant, for then, as a responsible citizen burglar, I would be ethically obligated to report it to law enforcement officials, thus placing myself at greater risk of arrest..."

“Let’s hope that I do not, while taking valuables and property from the private residence I am about to break into, encounter evidence of a crime that, unlike burglary and theft, my personal value system regards as repugnant, for then, as a responsible citizen burglar, I would be ethically obligated to report it to law enforcement officials, thus placing myself at greater risk of arrest…”

In Spain, a burglar  broke into the home of a trainer for a kids soccer team, and discovered a collection of child pornography, including self-made recordings of the homeowner sexually abusing children as young as ten. The burglar placed an anonymous call to local police and said he left the evidence in a car, along with a note on which he wrote the apparent pedophile’s address. “I have had the misfortune to come into possession of these tapes and feel obliged to hand them over and let you do your job, so that you can lock this … up for life,”  the burglar told police in his message.

The trainer has been arrested and charged;  one of his victims, who is now 16, told authorities she had been abused since the time she was 10.

A few ethics observations on an intriguing case: Continue reading →

Anti-Smoking Ethics—And A Subversive (But Ethical!) Suggestion

/ Jack Marshall / 24 Comments
"Sorry, sir, but sort-of-looking-like-you're smoking's not allowed in here, and besides, a phony study will be finding it deadly any day now."

“Sorry, sir, but sort-of-looking-like-you’re smoking’s not allowed in here, and besides, a phony study will be finding it deadly any day now.”

Little noted in the news winds was the fact that a major study reported in the Journal of the National Cancer Institute found “no link between the disease and secondhand smoke.” Oh!  Well, never mind then. The supposed deadly effects of second hand smoke gave hoards of health-policing citizens leave to not only be obnoxious and confrontational–“You have no right to pollute my lungs!”—but also to ban a legal consumer product in public places as well as to stigmatize anyone using the products as selfish sociopaths perpetrating slow-motion serial murder.

The second-hand smoke theory always seemed too convenient to me. Many years ago, I permanently soured my relationship with the head of a large Washington association, a non-smoker (as am I, except that I don’t presume to tell others what legal products to entertain themselves with), by opposing his ban on smoking in meetings and offices (and, eventually, his employees’ own homes) because he thought it was dangerous.  He trumped me by producing a couple of fishy studies that, it appears, were in fact as fishy as I suspected at the time. I would like to see a call for accountability on this: how did data now shown to be completely without factual basis manage to surface, become accepted in the regulatory establishment, and be used to bully smokers for decades?

And if you think this reminds me of the over-hyped scientific “consensus” on global warming and climate change, you are exactly right. Continue reading →

Should A Man Ever Hit a Woman? Well, It Depends.

/ Jack Marshall / 92 Comments

The web is abuzz over this viral video, in which a young woman, aided by a videocam-wielding minion, goes to excessive lengths to provoke a young man of significant size:

The question being debated: Is it ever ethical for a man to strike a woman? Continue reading →

The Ethan Crouch Case’s D.A., Trying To Right An Arguable Wrong With Six More

/ Jack Marshall / 19 Comments
Listen to your mother, Joe.

Listen to your mother, Joe.

The infamous vehicular homicide case that generated the “Affluenza Defense” is well on its way to becoming an ethics train wreck.

The news media keeps doing its part: today CNN’s Ashleigh Banfield, whom I can no longer recall why I ever thought she was more than an over-opinionated hack (I think it was her glasses) said again today that Judge Jean Boyd “bought” 16-year-old scofflaw Ethan Crouch’s defense that he wasn’t responsible for his actions (that ended up leading to the death of four and critical injuries to two of his friends) because he had been spoiled by an affluent upbringing. As I already pointed out, there is no evidence that Judge Boyd agreed with that dubious argument, and solid evidence that she did not. Never mind. Ashleigh and the rest of her incompetent colleagues will continue to try to mislead the public regarding this just as they regularly do on nearly every other news story.

The more surprising development was the sudden participation of the Tarrant County District Attorney Joe Shannon, he whose efforts to jail young Couch were foiled by Boyd’s expansive judicial compassion toward a minor, in the ethics follies. He’s attempting another “bite of the apple, ” as judges say, by asking Boyd to lock up  Ethan  on two counts of intoxication assault that he argues are still pending before her court. Shannon explained:

“During his recent trial, the 16-year-old admitted his guilt in four cases of intoxication manslaughter and two cases of intoxication assault. There has been no verdict formally entered in the two intoxication assault cases. Every case deserves a verdict.”

Shannon’s renewed plea focuses on the two teens riding in the back of Couch’s Ford F-350 pickup (voluntarily riding there, knowing the driver was unlicensed and drunk as a skunk) who suffered life-altering injuries. One of them, Sergio Molina, is paralyzed and can communicate only by blinking. It is 1) disingenuous 2) unprofessional  3) unfair 4) futile, and he knows it, 5) irresponsible, and 6) probably unconstitutional.

All of which means his gambit is 7) unethical. Continue reading →

Ethics Quiz: Awarding An Accused Rapist The Heisman Trophy

/ Jack Marshall / 45 Comments

jameis2Heisman Trophy winner Jameis Winston was cool, collected and funny delivering the “Top Ten” on David Letterman last night, but to me, the hijinks seemed out of sync with reality, fairness and justice somehow.

The 19 year-old-Florida State University star quarterback became the youngest Heisman Trophy winner ever when he was named college football’s most outstanding player Saturday night in New York. He is also the youngest accused rapist to be awarded the Heisman.

That award  symbolizes football’s ongoing ethics problem. The pro game’s brutal, uber-macho and “the ends justify the means” culture that has players maiming each other as the crowd cheers and multiple felons on the field in most games has reached into the lower reaches of football, with both colleges and high schools breeding arrogant, entitled jerks who get special treatment through their pampered academic careers and too often emerge from from the football machine as polished sociopaths. The Penn State horror story was a symptom of this. Is Winston’s award another?

It hasn’t been featured in many of the exultant stories about the Heisman winner, but a year ago, on December 7, he was accused of rape by an FSU co-ed. Last week the prosecutors—just in time for the Heisman!—declared that they had not found enough evidence to convict him, which means that they did not have enough evidence to ethically prosecute him. The accuser’s attorney, Patricia Carroll, immediately condemned the decision and the  investigation that led to it, detailing multiple irregularities in the the handling of evidence and testimony. Writes Slate’s legal reporter Emily Bazelon: Continue reading →