Should Black Journalists Be Promoting Race Loyalty As a Virtue?

Go Team!

On Sunday’s “Washington Watch with Roland Martin” on TVOne, host Martin questioned several black journalists about the support shown by the Obama administration and black leaders for Attorney General Eric Holder, currently stonewalling Congress regarding a full accounting of what occurred in the “Fast and Furious” debacle.

“Many Republicans are calling on him to resign by demanding he release more documents, also in the Fast and Furious case,” Martin said.  “So, I want to ask the panel, is this White House doing enough to protect the attorney general? And also, where is black leadership? I mean, here you have Eric Holder, who has been — first of all, he was a high-ranking official in the Justice Department under President Bill Clinton. He becomes the black, first African-American attorney general. He has been very aggressive on many issues. But some folks are saying that look, he’s been taken to the woodshed and he is not getting the kind of support that you would think he would be getting.”

This is a disgraceful question that assumes that unethical conduct—racial bias— is somehow admirable. What difference does it make that Holder is the first black attorney general? How could that justify the media, the White House, black leaders or Congress treating  a black Attorney General any differently than they would treat a white, Asian or Cherokee Attorney General? Isn’t the issue whether he is a competent and effective Attorney General? Shouldn’t that judgment be race blind? Aren’t black journalists, like white journalists, obligated to keep race out of their assessments of how public officials behave? Continue reading →

Ethics Quiz: Alcoholics Anonymous and Judicial Abuse of Power

Uh, wrong meeting, Barney…

A friend who is a member of Alcoholics Anonymous flagged an interesting ethical dilemma involving the huge, loosely-affiliated alcoholism recovery and support group.

Judges often order mandatory attendance at AA meetings as conditions for leniency in alcohol-related crimes, like DUI, spousal abuse, and others. The problem is that AA is system of commitment and trust, and someone who only comes to meetings under threat of jail time have neither. It is the AA attendee’s acceptance of the reality that they are helpless against alcohol and willingness to commit fully to the program with others like than that allows AA to be as successful as it is, and the assurance of anonymity the group provides makes its existence possible. “Court-ordered attendees slink in here, roll their eyes, do their time and leave,” he told me. “How do we know that they aren’t regaling their friends with hilarious tales about what does on at meetings? What right does a judge have to make AA host someone who doesn’t really meet the group’s criteria?”

Good question, and it’s the Ethics Quiz of the Day:

Is it ethical for judges to force a non-profit, non-government, voluntary organization to assist the justice system at the risk of their own integrity and their members’ confidentiality?

This time I’m going to let everyone weigh in before I show my cards.

Here is a link that discusses some of the related issues.

More School Bullying…As In Schools Bullying Students

What the hell kept you?

From an ACLU complaint recently filed in the Northern District of Indiana:

“The plaintiffs in this case are all 14-year-old girls, proceeding by their initials, who were previously enrolled as eighth graders at Griffith Middle School, which is operated by Griffith Public Schools. In late January, they engaged in a lengthy conversation on http:// http://www.facebook.com-through the comments section of one of their personal pages after school from their personal computers. This conversation spanned numerous subjects, from the pain of cutting oneself while shaving to the girls’ friendship, before turning to a discussion of which of their classmates they would kill if they had the chance. At all times, the conversation was purely in jest and could not have been interpreted seriously, as is evidenced by the girls’ repeated use of “emoticons,” by their use of abbreviations indicative of humor, and by the nature and tone of the conversation. The girls were simply engaged in teenage banter.Nonetheless, on January 26, 2012, all three (3) girls were suspended from school for ten (10) days as a result of this conversation, and they were ultimately expelled for the remainder of their eighth grade year. This disciplinary action occurred because they had supposedly violated a provision of the student handbook prohibiting bullying, harassment, and intimidation, even though no statement in the conversation-nor the conversation as a whole–constituted a “true threat.” Additionally, the conversation did not cause any disruption to the educational environment or to school activities, nor was it foreseeable that it would.”

Glory be and Halleluiah! Continue reading →

Professional Tip, Lawyers! It’s Unethical to Sexually Assault Opposing Counsel When the Judge Leaves The Room.

NOT the ethical way to “present a motion”…

New York has suspended  lawyer Lawrence Baker from the practice of law for two years after it was determined that he behaved unethically with a female opposing counsel after  a judge overseeing a pretrial conference in chambers left the room to attend to another matter. For his part, Baker only admits to engaging in inappropriate conversation and giving the women a “love tap” on the shoulder. Uh, well, it seems to have been a bit more than that. An investigation determined that Baker kissed the lawyer, plunged his hands down her blouse, fondled her, and, <cough>, exposed himself.

The technical term for this, in the ABA’s ethics rules, is “engaging in conduct prejudicial to the administration of justice.” 

The old gag about this kind of conduct was that the lawyer “presented his briefs” to opposing counsel.

The vernacular term for it is, “YIKES!”

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Source and Facts: ABA Journal

Graphic: Leer Centrum

Ethics Hero: Florida Governor Rick Scott

Less worthy of integrity than cashing a check or renting a car, according to the Justice Department.

I should add to the heroes list the governors of the states that are challenging the Justice Department over blocking their voter ID requirements as well, but Scott is a worthy representative. His law suit is a little different than theirs, but the principle is the same, the target—Eric Holder’s politicized and incompetent Justice Department—is the same, and the objective, ensuring the integrity of elections, is also the same.

The Department of Justice, of all institutions, shouldn’t be adopting the sadly popular phisosophy, growing like mold on a large segment of progressive America, that it is wrong to enforce legitimate laws if doing so risks having disparate impact on particular groups. It certainly shouldn’t be using its power to join in the desperate race-baiting that seems to be part of the desperate Democratic game plan for President Obama’s re-election. Attorney General Holder has been making the rounds of African-American groups, rattling the civil rights sabers and proclaiming that requiring voters to show proof of identity and citizenship is a racist plot. This is either cynical politics or proof of intellectual deficiency, and since it is Holder, telling which is difficult. Holder, after all, requires identification to get into his building, his office, and his public appearances, but presumably nobody would accuse the first black and most race-conscious Attorney General in the nation’s history of being anti-black. Yet I  submit that the importance of ensuring the integrity of  elections in a democracy is rather more important than ensuring that only citizens get to hear Holder make speeches accusing states of racism and voter-suppression for attempting to enforce the law. Continue reading →

University Trustee Investment Conflicts: When the Stumps Start Showing

University boards are great for mutual back-scratching

Deep water hides all stumps, as the saying goes, and while the endowments of rich universities were piling up cash during the investment-friendly period before 2008, nobody questioned the universities’ choices of which companies and funds to invest in. Then came the meltdown, and endowments of over a billion dollars lost an average of 20% or more. That kind of hit has consequences, and among them were that a lot of programs got cut and a lot pf people lost their jobs.

That, in turn, provokes scrutiny: the deep water had receded, and the stumps were out to see in all their ugliness. As an article in Inside Higher Ed explains, among the stumps on display was the fact that many prominent universities invested their funds in places where their trustees had financial interests: Continue reading →

Ethics Quiz: You’re the Prosecutor!

The facts are simple. The ethics are not.

Near Shiner, Texas, a father arrived home to find a 47-year old man sexually molesting his 4-year-old daughter. So the father beat him to death, apparently in the process of stopping him.

Assuming that the father has no criminal record or history of violence, and that this is really what happened—and ignoring the fact that the incident occurred in Texas—your Ethics Quiz is this: If you were the local prosecutor, would you seek to prosecute the father? Continue reading →

Supreme Court Integrity and the Useless Times-CBS Poll

If you dislike these people,but haven’t read their actual opinions, don’t know their names and are basing your opinion on what other people say, I don’t care what you think, and neither should anyone else.

I suppose there may be could be some uses for the recent New York Times-CBS poll measuring public attitudes about the Supreme Court. It could be used to launch, for example, a discussion about how little the public understands about the Court and how it operates. It might prompt a discussion about the recklessness of the two parties, which regularly attack the integrity of the Court every time it arrives at a decision that one of them doesn’t like. It might even prompt a refresher course on what went on during the 2000 Florida vote recount, and why that case required the Supreme Court to play a unique role that had nothing to do with helping George Bush “steal the election.” All of these would require an unformed and responsible newsmedia. however, so what the poll is prompting instead  misleading debates among talking heads about what the Court needs to do differently.

The Supreme Court needs to do nothing at all differently. Continue reading →

Just What We Needed—An Ethically Clueless Prosecutor In The George Zimmerman Case

The monkey wrench in the gears of justice is named “Angel Corey”

It was evident from her initial statement on the case, however, that an ethically clueless prosecutor is what we, and Florida, and George Zimmerman got when Angela Corey was chosen for the job. Prof. Alan Dershowitz made a quick and accurate diagnosis of her problem on cable TV, and it apparently prompted Corey, ethically clueless as she is, to settle the matter by leaving no doubt. Dershowitz reports that Corey was so enraged by his calling her unethical and incompetent affidavit of probable cause to indict Zimmerman for murder as unethical and incompetent as it was that she has threatened to sue him and Harvard University. Dershowitz reports:

“State Attorney Angela Corey, the prosecutor in the George Zimmerman case, recently called the Dean of Harvard Law School to complain about my criticism of some of her actions. She was transferred to the Office of Communications and proceeded to engage in a 40-minute rant, during which she threatened to sue Harvard Law School, to try to get me disciplined by the Bar Association and to file charges against me for libel and slander.

“She said that because I work for Harvard and am identified as a professor she had the right to sue Harvard. When the communications official explained to her that I have a right to express my opinion as “a matter of academic freedom,” and that Harvard has no control over what I say, she did not seem to understand….”

This incident indicates that Corey also does not seem to understand the First Amendment and the Constitution, which  is a serious, indeed fatal, handicap for a prosecutor. It turns out that this ridiculous conduct—-a prosecutor trying to intimidate pundits by threatening to sue a legal analyst and law professor for criticizing her handling of a high-profile case—wasn’t even an aberration for Corey. Reporter Ron Littlepage writes:

Last December when I wrote a column critical of how she handled the Cristian Fernandez case, she fired off a two-page, single-spaced letter on official state attorney letterhead hinting at lawsuits for libel.…Then there’s Corey’s spat with Sandy D’Alemberte.

D’Alemberte is a former president of the American Bar Association, a former president of Florida State University and a law professor — not too shabby in the legal credentials department. When Corey was appointed to head up the investigation into the shooting death of Trayvon Martin by George Zimmerman, D’Alemberte had this to say: “I cannot imagine a worse choice for a prosecutor to serve in the Sanford case. There is nothing in Angela Corey’s background that suits her for the task, and she cannot command the respect of people who care about justice.” Earlier, D’Alemberte had criticized Corey in the Fernandez case. The reaction then: A public records request from her office to FSU seeking all emails, text messages and phone messages involving D’Alemberte related to Fernandez….”

This is beyond unprofessional, and reaches a level of shocking incompetence, arrogance, abuse of power and stupidity.

But wait! There’s more!  Law professor William Jacobson makes the perceptive legal ethics observation that Corey has created a conflict of interest for herself that raises the question of whether she should be removed from the case. He writes:

“Will she conduct the prosecution in such a way as to achieve justice, or to set herself up for a personal lawsuit against Dershowitz and Harvard?….  By threatening suit against a critic in the middle of the case, Corey has put her own financial interests at stake in the outcome and conduct of the prosecution. Florida has adopted American Bar Association Standards of Criminal Justice Relating to Prosecution Function.  ABA Standard 3-1.3 Conflicts of Interest provides in pertinent part:

(f) A prosecutor should not permit his or her professional judgment or obligations to be affected by his or her own political, financial, business, property, or personal interests.

I don’t think the question of Angela Corey having to step down as prosecutor in the case should even get to Prof. Jacobson’s issue, however. Her conduct in threatening critics, as well as her unethical probable cause affidavit and her blatant alliance with Trayvon Martin’s parents, trumpeted in her unethical press conference, makes it screamingly obvious that she shouldn’t be a prosecutor in this or any other case.

I’ll leave the final word to Prof. Dershowitz:

“…Her beef was that I criticized her for filing a misleading affidavit that willfully omitted all information about the injuries Zimmerman had sustained during the “struggle” it described. She denied that she had any obligation to include in the affidavit truthful material that was favorable to the defense. She insisted that she is entitled to submit what, in effect, were half truths in an affidavit of probable cause, so long as she subsequently provides the defense with exculpatory evidence.

“She should go back to law school, where she will learn that it is never appropriate to submit an affidavit that contains a half truth, because a half truth is regarded by the law as a lie, and anyone who submits an affidavit swears to tell the truth, the whole truth and nothing but the truth….The judge deciding whether there is probable cause to charge the defendant with second degree murder should not have been kept in the dark about physical evidence that is so critical to determining whether a homicide occurred, and if so, a homicide of what degree. By omitting this crucial evidence, Corey deliberately misled the court.

“…That’s not the way the system is supposed to work and that’s not the way prosecutors are supposed to act. That a prosecutor would hide behind the claim that she did not have an obligation to tell the whole truth until after the judge ruled on probable cause displays a kind of gamesmanship in which prosecutors should not engage…

“Even if Angela Corey’s actions were debatable, which I believe they were not, I certainly have the right, as a professor who has taught and practiced criminal law nearly 50 years, to express a contrary view. The idea that a prosecutor would threaten to sue someone who disagrees with her for libel and slander, to sue the university for which he works, and to try to get him disbarred, is the epitome of unprofessionalism.

“If Angela Corey doesn’t like the way freedom of expression operates in the United States, there are plenty of countries where truthful criticism of prosecutors and other government officials result in disbarment, defamation suits and even criminal charges.

“We do not want to become such a country.”

Indeed we don’t. But we seem to already be a country where a local incident is blown up into a racially-polarizing national event, with the assistance of race-hucksters, an inept and biased press, and irresponsible elected officials, including the President of the United States, who annoints the victim as his hypothetical offspring. Then, when the justice system is supposed to take over and sort out the facts and the law objectively, fairly and dispassionately, the case is placed in the hands of biased hack like Angela Corey.

That’s the kind of county we are, and that’s bad enough.

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Pointer: InstaPundit

Sources:

Graphic: Billerico

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

New York’s Stop and Frisk Ethical Dilemma

The problem with racial profiling is that it is wrong and unfair, but it works.

Crime rates, especially gun-related killings, have dropped precipitously in New York City since Mayor Bloomberg approved an aggressive “stop and frisk” policy.  Stop and frisk, where police are allowed to stop, question and pat down an individual whom the officer has reasonable suspicion may be involved in the commission of a crime, was approved by the Supreme Court long ago. The rub is that, as documented by the ACLU, New York cops seem to automatically find blacks (54%) and Hispanics (31%)  suspicious, as they account for 85% of those stopped. Bloomberg is under fire to ease up on the program, which he says demonstrably saves lives, even though the vast majority of those stopped and frisked are innocent. Bloomberg, using statistics derived from pre-policy shooting deaths and the numbers of illegal guns the frisks have discovered, told the press that 5,600 New Yorkers live today because of police suspicions. Continue reading →