Law & Law Enforcement

Ethics Hero: Rep. Ron Paul

/ Jack Marshall / 24 Comments

One of the benefits of absolutist ethical systems is that they can force you to maintain your integrity when unethical positions are convenient or temporarily beneficial. So it was that libertarian Rep. Ron Paul (R-Tx) emerged from Monday’s New Hampshire debate among GOP Presidential hopefuls as the only candidate who rejected limiting the participation of gays in the military and the infamous “Don’t Ask Don’t Tell” policy. While Herman Cain, Michele Bachmann, Mitt Romney, Rick Santorum (naturally), Newt Gingrich and Tim Pawlenty all said, in various and convoluted ways, that they supported DADT, Paul cut precisely to what is ethically offensive about the policy.

“We have to remember, rights don’t come in groups,” Paul said. “We shouldn’t have gay rights. Rights come as individuals….it would be behavior that would count, not the person who belongs to which group.”

I am far, far from being a Ron Paul fan, for his libertarian principles lead him to as many irresponsible positions as ethical ones. And he is certainly emboldened to risk the displeasure of the Republican base as a candidate with about as much chance of getting the Republican nomination as I do (though more of a chance than Newt Gingrich).  But on a night when six of his rivals pandered to homophobia and embraced a policy that both violates core American values and endorses lying, Ron Paul alone had the courage and principle to correctly place “Don’t Ask” where it belongs, in conflict with the Declaration of Independence and the Constitution.

Ethics Quiz For Rep. Weiner Defenders: Would You Still Think He Shouldn’t Resign If He Did THIS?

/ Jack Marshall / 7 Comments

Just add his daughter's head, and you have Rep. Gerber's fantasy date.

The Sixth District Court of Appeal in San Jose just ruled that Joseph Gerber, a California man who used his computer to create sexually explicit photos by pasting images of his 13-year-old daughter’s head onto the fully mature, naked bodies of porn performers in lewd poses, was wrongly convicted of possessing child pornography. After all, the pictures didn’t show minors engaging in sex acts, just fully legal adults with his daughter’s head, which apparently really turned Dad on.

The decision is unquestionably correct from a legal standpoint: no children were harmed to create the photos, and they did not depict child porn of any kind, except in Mr. Gerber’s fatherly mind.

Thus the Ethics Alarms question for Alec Baldwin and the reported 56% of New Yorkers who say that sexting, lying Representative Anthony Weiner should not resign his position because of his personal habit of sending smiling photos of his penis and other body parts to porn actresses, scheduling skype phone sex while his pregnant wife is away, and other similar activities, lying it all the while until lies became impossible: Continue reading →

When The Ethics Alarms Don’t Sound: A Cautionary Tale From Seattle

/ Jack Marshall / 10 Comments

 

%$#@*#!!!

Like all of us, Seattle attorney Ronald Clarke Mattson was infuriated when he found cars parked straddling the lines in crowded parking lots and garages.

It really is rude, inconsiderate, obnoxious and unethical behavior, especially when it is blatant, as when the owner of the Lexis or the Jaguar intentionally takes up two spaces to guard his baby against any accidental dings. This is a statement that rings out loud and clear: “My car is more important than your convenience, and I’ll take up two spaces, robbing you of your right to one, because I matter, and you don’t.” 

I’ve left nasty notes for these jerks, for all the good that does. I’ve complained to stores, and even had them make announcements over their public address systems. On a couple of occasions, when one was handy, I’ve recruited a police officer, and several times I’ve waited for the owner of the car so I could tell him off (if he wasn’t armed or too big).

Once, when the car was a brand new, loaded, shiny  sports convertible, I engaged in the intentional infliction of emotional distress, leaving a note that said that I had used a tool to leave a fairly deep, but small, indentation on his now no-longer-pristine car, and I hoped he had fun looking for it. (There was no such wound, but I am not proud of this.)

If I had a momentary desire to really harm the car, as I may have had once or twice, several considerations set off my various ethics alarms. The Golden Rule alarm wouldn’t sound, because this isn’t a Golden Rule situation: I would never take up two spaces.  Others, however, would:

  • The “Two Wrongs Don’t Make a Right” alarm.
  • The “It’s Against the Law” alarm.
  • The “What If Everybody Did This?” alarm
  • The  “Don’t Take Action That Has No Purpose Other Than To Do Harm” alarm
  • The “Sons of Maj. Jack Marshall Sr./ Lawyers/Ethicists Don’t Act Like This” alarm
  • The “I Would Be Ashamed If Anyone Found Out” alarm, and most of all,
  • The “You Know This Is Wrong” alarm.

And if they all failed to sound, due to poor installation and maintenance? Then I might have done as Ronald Clarke Mattson did, more than once. He pleaded guilty this week to a reduced count of attempted second-degree malicious mischief, a gross misdemeanor, for keying three automobiles in retribution for their owners’ parking misconduct.  He received a one-year suspended sentence, 240 hours of community service, restitution for the three victims, and has to attend an anger-management class.

But his problem isn’t anger management. His problem is malfunctioning ethics alarms.

Mattson has been a lawyer since 1972, and could now face punishment from the Washington State Bar Association, which is charged with making sure that attorneys with faulty ethics alarms seek immediate repairs.

Ethics TRIPLE Dunces: Tramway Elementary Teacher Melanie Hawes and Lee County Board of Education Superintendant Jeff Moss

/ Jack Marshall / 7 Comments

"MUST...WRITE...LETTER ....TO...DAD....

North Carolina state legislator Mike Stone is a budget hawk, and is supporting a budget-cutting proposal that could eliminate 9,300 positions in the public schools. It’s a contentious issue, and the representative has received many letters—including a plaintive one from his own third grader daughter, a student at Tramway Elementary, who was one of several students in her class directed by teacher Melanie Hawes to write to the  Republican and plead with him to save the jobs of their two teacher assistants.

“Our school doesn’t want to lose them,” she wrote. “Please put the budget higher, dad.”

Ugh. Ethics foul; in fact, three of them:

1. It is unethical for teachers to indoctrinate their students in political positions in which the teachers have a personal interest.

2. It is unethical to exploit children as lobbying tools, under the pretense of educating them.

3. It is extremely unethical to recruit a legislator’s 8-year-old daughter to carry a lobbying message. Continue reading →

Unethical Quote of the Week: Melanie Sloan, Executive Director of Citizens for Responsibility and Ethics in Washington

/ Jack Marshall / 5 Comments

The fact that David Vitter is still stinking up the Senate means that it makes sense to let Anthony Weiner stick around and stink up the House. Yes, that's really the best the Democrats can come up with.

“It’s hard to see what the Ethics Committee would hang its hat on here to say that this conduct would violate the ethics rules. Others have said maybe it’s the lying. What! So no politician has ever lied to us before? That’s the kind of thing we see all the time. So he did behave discreditably (!!) but I don’t think it’s enough for a full-fledged ethics censure. David Vitter is still there.”

—-Melanie Sloan, Executive Director of Citizens for Responsibility and Ethics in Washington, making excuses for Rep. Anthony Weiner on Lawrence O’Donnell’s MSNBC liberal love-in show.

As“Ethics Bob” writes, “If you’re a Democrat and you want an ethics pass, go see Melanie Sloan.”  Bob muses on what kind of behavior Citizens for Responsibility and Ethics in Washington “would consider irresponsible or unethical.”

It sure wouldn’t be Sloan’s own conduct, though she infamously used CREW to promote the client of a lobbying firm that she later jumped CREW to join (also conduct that is seen in D.C. “all the time,’ though not usually by heads of so-called ethics watchdog groups).* The Citizens for Responsibility and Ethics does some good work, but it has always leaned heavily toward criticizing Republicans. Sloan’s statement to O’Donnell, however, is a new low, a disgrace for anyone who purports to take ethics seriously. Continue reading →

The News Media’s Unethical Political Word Games

/ Jack Marshall / 6 Comments

Reasonable people can disagree about the prudence and fairness of the various get-tough state and local laws targeting illegal immigrants, such as the recent law passed in Alabama (I like it, by the way). They can even disagree—though I personally don’t see how—about the wisdom of state-sanctioned incentives for illegals to smuggle their children into the country, like Maryland’s batty “Dream Act.”

What reasonable people should not accept and must not accept is the increasingly routine practice among many news outlets of dropping “illegal” from the phrase “illegal immigration” and “illegal immigrants” when discussing such measures. The practice is no less than a lie, an effort to misrepresent as bigotry legitimate objections to providing the benefits of American citizenship to those who willfully violate U.S. immigration laws and procedures. The papers, reporters, columnists and bloggers who do this inevitably follow the misrepresentation by denigrating anyone who doesn’t think scofflaws should be celebrated as heroes and handed the keys to the country as “nativists.”

I resent it, because my maternal grandparents were immigrants, the legal kind, and I would no more oppose the progress and success of law-abiding immigrants in the country than I would saw off my arm. I condemn it, because the tactic—and it is a tactic— is unethical journalism, an example of intentionally muddying an issue by imprecision so that the apathetic, the lazy or the none-too-bright—a sizable group, that—are confused about what is the real issue. Continue reading →

Chicago Flash Mobs, Political Correctness, and the Arrogant Press

/ Jack Marshall / 2 Comments

What kind of people made up the mob? You don't want to know.

Chicago has been beset by several incidents of “flash mobs” that were of not the terpsichorean variety, but rather cell phone-organized marauders who struck suddenly, beating bystanders and robbing them. The Chicago media has adopted an odd policy in reporting the incidents: it has not reported the fact that the mobs were made up of African-American youths.

There is no excuse for this. It is manipulative, dishonest, and incompetent journalism, political correctness expanding into news censorship. It constitutes dishonest reporting, and a lack of respect for the public.  It is the ultimate in arrogance and abuse of their professional duties by people who have neither the credentials nor the right to decide what facts we are fit to know.

A Chicago Tribune writer named Mary Schmick attempted to justify her paper’s conduct, and was spectacularly unconvincing, writing in part… Continue reading →

Comment of the Day: “Batter Up! The Hypocrisy of Bigotry Victims Discriminating”

/ Jack Marshall / 3 Comments

This Comment of the Day from Matt, on my post about gay softball leagues discriminating against bisexuals, is actually two days old.  It was COtD-worthy when it first arrived, but edged out on a competitive day. It is a unique perspective on the issue, and a case of better late than never.

“Its funny… I sing in a gay men’s chorus; we handle music that’s beautiful and “traditional” as well as music that can be emotionally challenging, music about the coming out process or what it means/feels like to be a gay man in society… we’ll sing anything, really, and our primary mission as a chorus is promoting understanding and awareness through music.

“That said, we have straight male singers… we have about 180 men on stage performing, and a handful of them are straight or bi. Ask any of us what we feel about that and the first response you’ll hear is “What, you think *we* are gonna discriminate?” Continue reading →

The Strange, Unethical Saga of Junius Puke

/ Jack Marshall / 3 Comments

Junius Puke

This week seems to mark the end of a perfect storm of ethical misconduct that almost drowned a young student in legal persecution for the non-crime of exercising his First Amendment rights. An insufferable and humorless bully with a professorship collided with an irresponsible prosecutor wielding an unconstitutional law, and it has taken eight years to undo the carnage.

A man named Junius Peake was an economics professor at the University of Northern Colorado,  who due to his parody-inviting name and undoubtedly also the character traits that he was soon to display so prominently, found himself being lampooned in a student satire blog called “The Howling Pig.”  The editor-in-chief of the blog was facetiously identified in the newsletter as the obviously fictional “Junius Puke,” who was portrayed with an outrageous photograph of Professor Peake altered to include sunglasses, a different nose,  a Hitler-esque mustache, and, on occasion, Kiss make-up and a Gene Simmons tongue.  Junius Puke, with tongue. “Junius Puke” wrote prose like this:

“This will be a regular bitch sheet that will speak truth to power, obscenities to clergy, and advice to all the stoners sitting around watching Scooby Doo. This will be a forum for the pissed off and disenfranchised in Northern Colorado, basically everybody. I made it to where I am through hard work, luck, and connections, all without a college degree. Dissatisfaction with a cushy do-nothing ornamental position led me to form this subversive little paper. I don’t normally care much about the question of daycare since my kids are grown and other people’s children give me the willies.” Continue reading →

Comment of the Day: “The Death of Ryamond Zack”

/ Jack Marshall / 3 Comments

The story about the Alameda firefighters and police, as well as many citizens, standing useless on the shore as a suicidal man slowly drowned continues to receive  outstanding commentary. Here is the most recent, from Peter, doing some follow-up and pointedly critical analysis: 

“ABC asked Alameda Fire Division Chief Ricci Zombeck  whether he would save a drowning child and he said: “Well, if I was off duty I would know what I would do, but I think you’re asking me my on-duty response and I would have to stay within our policies and procedures because that’s what’s required by our department to do.”

“This quote essentially makes any indefensible defenses, or apologetics for how big and scary the victim was, moot. Perhaps they should make off-duty the new on-duty by assigning first responders to permanent off-duty roles. At least then they would go in after a drowning child. Continue reading →