Ethics Heroes: The Texas Commission on Judicial Conduct

Thank you, Commissioners, for avoiding the impulse to support a fellow judge, and standing up for decency, compassion, and common sense in the judicial profession.

In a display of arrogance, rigidity and callousness that has justly haunted her for three years, Sharon Keller, the Presiding Judge of the State Court of Criminal Appeals, told a clerk to close down the courthouse on the dot of  5:00 PM on September 5, 2007, knowing well that attorneys were rushing there to file a last-minute appeal to save a prisoner from execution. Once the doors were closed, there was nothing they could do, and their client, Michael Richard, was put to death that night. Continue reading

Sunday Ethics Round-Up: Cynical Fines, Drunk Norwegians, Lazy Newsmen and Pitiful Ballplayers

Here are some ethics issues to ponder from the recent news and around the Web:

  • Who says it pays to be ethical? The astounding insistence, under oath, by Goldman Sachs executives that they had done nothing wrong in selling admittedly “crummy” investment products to clients while using the company’s own money to bet that the same products would fail will not be sufficiently punished or contradicted by the S.E.C.’s cynical cash settlement of its suit against the firm. For a $500 million penalty, Goldman Sachs is off the hook for the equivalent of four days’ income, as the Obama Administration claims to the unsophisticated public (“Isn’t $500 million a lot of money?”) that it is “getting tough” with Wall Street. The fact is that Goldman Sachs’ unethical maneuvers paid off handsomely, and nothing has happened that will discourage it from finding loopholes in another set of regulations and making another killing while deceiving investors legally and, by the Bizarro World ethics of the investment world, “ethically.” You can read a perceptive analysis here. Continue reading

The Washington Post: Embarrassed into Covering the News

Washington Post ombudsman Andrew Alexander wonders why it took his paper so long to cover a story with obvious importance and disturbing implications: the seeming race-based decision of the Obama Justice Department to avoid pursuing a voter intimidation case against the New Black Panthers, even though a YouTube video showed persuasive evidence that an offense was real and substantial. Ethics Alarms, for example, wrote about the story more than two weeks ago.

Alexander is to be saluted for raising, though his conclusion is unsatisfying and more than a little weaselly. Continue reading

Obama’s Unethical Gift to the Trial Lawyers

After January 1, 2011, when you begin to process all the new taxes coming your way and all the deductions you can no longer take, think about this:

The nation’s largest trial lawyer trade group, the American Association for Justice, has announced it was informed by Obama Administration officials that the U.S. Department of Treasury will give its members (and all tort lawyers) a tax break on contingency fee lawsuits. The new provision is expected to mirror proposed legislation by Sen. Arlen Specter, himself a lawyer, that was previously rejected by Congress last year. That bill would have allowed attorneys to deduct up-front costs in contingency fee lawsuits. Continue reading

LaBron, Steinbrenner, and Warped Sports Ethics

Sports ennoble us through the  symbolic exploits of latter-day mythic heroes, who use their amazing skills and talents to exemplify courage, grace under adversity, loyalty, accountability, sacrifice, and, of course, sportsmanship.

Or so they say.

Sometimes it works out that way, but just as often an extraordinary athlete like LeBron James will choose to use his prominence to promote less attractive character traits, like greed, vanity, disloyalty, cruelty and boorishness. For some reason, the mega-millions LeBron was going to receive for fleeing Cleveland as an NBA free agent was not sufficient booty: the basketball star felt that “branding” required that he tease as many cities and franchises as possible, rub Cleveland’s loss in the faces of his previously worshipful fans in that city, and then announce his final choice of new employers in an ESPN TV special that embarrassed his sport and his species. James is not alone, of course; he has lots of company among college and professional athletes whose preening and selfishness make it impossible to use their names and “role model” in the same sentence.

But for the use of sport to warp ethical priorities, nothing quite matches the nauseating accolades being heaped on the late George Steinbrenner, whose ownership of  the New York Yankees was a decades-long advertisement for the principle that the end justifies the means, and as long as you win, nothing else really matters. Continue reading

The Ethics Of Using A Facebook Mole

A lawyer wants to get access to an adversary witness’s Facebook page so he can use information he finds there to impeach her testimony at trial. But even though she accepts virtually anyone who asks to be her “friend” whether she knows them or not, he worries that she wouldn’t accept his request if she recognized his name and face from her deposition, which might prompt her to guess his intent. So the lawyer asks an office paralegal to send her a “friend request” instead. Sure enough, she accepts, and soon the paralegal is gathering all sorts of dirt on the witness and passing it on to the lawyer.

Is this an ethical plan for the lawyer, or not? Earlier this year, the Philadelphia Bar Association’s Ethics Committee issued a legal ethics opinion that concluded it was not: the paralegal was acting for the lawyer, who was using subterfuge and misrepresentation to gain the witness’s consent to explore her private (or semi-private) Facebook information. The Committee said that it didn’t matter that the witness was careless with granting access, or that she gave consent to other “friends” that she barely knew: Continue reading

“Genetic Surveillance” and Law Enforcement Ethics

The “Grim Sleeper” serial killer was caught because California authorities found a partial DNA match with an individual in its database. That meant that the killer was probably related to the owner of that DNA, and indeed he was. We see this approach on the various “C.S.I” shows, but in real life using family DNA to identify a criminal is relatively rare, because only two states, Colorado and California, permit a  “familial search,” the use of DNA samples taken from convicted criminals to track down relatives who may themselves have committed a crime.

Why only two? The science is reliable, and a familial search can narrow the pool of suspects to the point where solving a crime becomes inevitable. Nevertheless, civil libertarians argue that the technique raises privacy concerns. Michael Risher, a lawyer with the American Civil Liberties Union of Northern California, told the New York Times there was the possibility of innocent people being harassed in the pursuit of a crime. “It has the potential to invade the privacy of a lot of people,” he said. Continue reading

The Justice Department’s Voter Intimidation Cover-Up: The Blue Line Breaks

The Holder-Obama Justice Department’s efforts to impose racial bias on its enforcement of the voting rights laws are no longer in the shadows, protected by the “blue line” of liberal leaning news media. Finally, after a week of ignoring a story that should have been reported immediately, the media’s efforts to confine the accusations of former Justice Department Civil Rights attorney J. Christian Adams to conservative blogs and Fox began to crack. Today the New York Times and CNN reported the story, and will have a little easier time explaining away their tardiness as something other than naked political bias than the Washington Post, the major networks, and others.

But not much easier. Continue reading

Ethics Dunce: Evan S. Cohen

The New York Times has a provocative examination of the ways cyber-bullying and abusive social networking sites and posts are challenging schools and courts. It also exposes a particularly cruel Ethics Dunce, Evan S. Cohen.

In 2008, Cohen’s daughter videotaped her friends as they mocked and made vicious comments, some of them sexual about another eighth-grade girl. Then Cohen’s daughter posted the video on YouTube, traumatizing its victim.  The school was alerted by the devastated girl’s parents, and then suspended Cohen’s daughter for two days.

Daddy, however, is an attorney, and he knows overstepping authority when he sees it. He sued the school district, arguing that the school couldn’t reach into his daughter’s off-campus activities and punish her for them. Of course, he was right, and won the lawsuit. He also won $107,150.80 in costs and lawyer fees. Continue reading

The Slippery Slopes of Religious Freedom and Female Genital Mutilation

The American Academy of Pediatrics slipped on the slipperiest of ethical slopes when earlier this year it attempted to balance multi-culturalism with pragmatism and traditional medical ethics. The topic was the genital mutilation of young girls in a form of (so-called) “female circumcision” practiced by some Muslims, in which the clitoris is cut and mutilated in order to make future sexual activity less enjoyable, thus ensuring a female’s “virtue.” The AAP argued that its members could ethically agree to inflict a lesser “nick”—a ritual drawing of blood— to fulfill a patient’s parents’ request for the ritual cutting, because to do otherwise might lead to greater harm to a girl’s genitalia if the parents sought a full-fledged mutilation abroad or elsewhere.

This policy effectively repealed the ancient ethical standard of “First, do no harm” by employing the versatile rationalization, “If I don’t do it, someone else will.” Predictably, women’s rights advocates were horrified. Equality Now proclaimed in May… Continue reading