Law & Law Enforcement

The Citizens United Opinion and the Post’s Unethical Poll

/ Jack Marshall / 3 Comments

Is the Washington Post story on  the Citizens United v. FEC Supreme Court opinion and the public’s reaction to it  dishonest, sinister, or just incompetent? I’m not sure, but I am sure of this: it is a classic example of why polls are a terrible way to guide national policy and lawmaking. The Post article begins…

“Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll.”

The statement is false and misleading. Whatever the merits or deficiencies of the Citizens decision may be, the vast majority of the American public has no idea what the Supreme Court ruling was, or why it was made. Continue reading →

The Duties of Citizenship, Ethics, and the Happy Rape Victim

/ Jack Marshall / 9 Comments

A few months ago,  Washingtonian Magazine printed the harrowing memoir of Amanda Pagliarini, a woman who as a teenager was raped by some friends of her boyfriend as he looked on and did nothing. Entitled “How Could He Just Stand There?” the article recounts how she first came to be involved with “Juan,” how the rape affected her life, and remarkably, how she came to talk with her ex-boyfriend about the tragedy and his role in it years later. One of his revelations was that the gang that raped her also had done the same to other girls.

Her article concludes with this: Continue reading →

Trust, Redemption, and Bank-robbing Lawyers

/ Jack Marshall / 3 Comments

The story of Shon Hopwood is certainly an inspiring one…so far. While serving more than a decade in federal prison for a series of armed robberies, his time in the prison law library turned him into an expert in case law, and he pulled off a rare feat: a petition for certiori he prepared on behalf of a fellow prisoner successfully persuaded the U.S. Supreme Court to review the case. Now Hopwood is out of prison, and is turning his life around. He has been working as a paralegal, he now has a family, and at 34, he plans to apply to law school.

It is likely that a law school will admit him, but not at all certain that any state bar would give him a license. Can a former bank robber pass the profession’s character requirement? Should he, no matter how good he is at writing Supreme Court briefs? Continue reading →

Unethical Website: The Brittany Murphy Foundation

/ Jack Marshall / 5 Comments

This is strange in so many ways, not the least of which being that TMZ, the generally worthless celebrity gossip website, is responsible for blowing the whistle.

Actress Brittany Murphy, best known for her break-out role as the cool-girl wannabe in “Clueless,” collapsed and died in the shower in December, another apparent victim of too much stress, too many diets, and too many prescription drugs in her system. “The Brittany Murphy Foundation,” set up by her family and husband, Simon Monjack, began soliciting contributions on its website in January, supposedly for arts education for children. TMZ received a tip that something was amiss, did some investigation, and discovered that no such foundation had been registered with either the IRS or the State of California. Continue reading →

Of Presidents Day, Atticus, a Congressman’s Dilemma and Serial Moms

/ Jack Marshall / 8 Comments

Short Alarms:

  • With increasing numbers of young Americans knowing embarrassingly little about our nation’s past, the wrong-headedness of President’s Day rankles worse than ever. Rather then designate the February birthdays of our two greatest presidents—Washington, the “indispensable man” who made the United States a reality, and Lincoln, the brilliant leader/philosopher who kept it from tearing apart—as yearly commemorations of their remarkable lives and our debt to them, Congress lumped them into a generic “Presidents Day,” thereby demonstrating that it deemed a three-day weekend and consumer merchandise sales more important than our heritage. Worst of all for ethics fans, George, who “wouldn’t tell a lie,” and Honest Abe are the only U.S. Presidents remembered for their truthfulness. Yet here they are, forced to share their “day” with the likes of Woodrow Wilson, Harding, J.F.K, L.B.J., Tricky Dick and Bill Clinton. The right thing to do would be to go back to celebrating February 12 and 22. Washington and Lincoln deserve it, and so do the values they stood for.
  • Speaking of ethics icons, one of my wife’s favorites,”To Kill A Mockingbird’s” Atticus Finch, has been under attack in some quarters for being passively acquiescent in the Jim Crow morality that convicts his black client despite overwhelming evidence that he is innocent. Continue reading →

The Seattle Beating Tape: “Just Following Orders”

/ Jack Marshall / 13 Comments

I know the Nuremberg defense when I hear it, and this is the Nuremberg defense.

The release of a January security video from a Seattle transit station has triggered a public uproar, and no wonder: it shows a group of girls brutally beating a young woman, including kicks to her head, as three security guards stand by, watching, doing nothing. Well, not exactly nothing: they did call for help.

Gee, thanks, guys. Would you tell them to bring some aspirin, an ice pack and a stretcher while you’re at it?

Seattle officials say that the guards appear to have done their job properly. The training manual the guards follow says “Never become involved in enforcement actions.” Continue reading →

Correction: S.C. Law Still Ridiculous, But Not Brilliant

/ Jack Marshall / 6 Comments

It appears that South Carolina’s mandated registration of “subversive agents” is far from new, as erroneously reported here. The law dates from 1951—when Joe McCarthy was in full flower—so it is clearly not aimed at terrorists, but at “Commies,” being a relic of the Red Scare at the dawn of the Cold War. Apparently the legislature has attempted to repeal it in recent years and failed, but that doesn’t make the law any less archaic.

<Sigh!>

Blogs like this one rely on secondary sources, and when one of them jumps the gun or gets its facts wrong, the result is that we end up aiding and abetting negligent misinformation. True: Ethics Alarms is in the business of adding ethics perspective to news stories and current events as it understands them, so the analysis can sometimes still be useful even if the facts are wrong. That is insufficient justification for contributing to misinformation, however. The key, as usual, is trust. I will do the best I can to get the facts right, hope that my readers correct me when they are wrong, and be ready to correct the record.

As for South Carolina’s silly law, perhaps the revived publicity of its 1951 paranoia will embarrass it into finally getting this dinosaur off the books. That will constitute a good result from a botched story, I suppose.

Many thanks to Sherrif Ray Nash, who tracked down the truth for Ethics Alarms.


			

	


			
				


	

							
Slap-happy Justice in West Virginia
						

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I confess: I love this story.


The Charlestown Gazette reports that Assistant Kanawha County prosecutor Stewart Altmeyer has been suspended for one month without pay for suggesting a plea deal that permitted the victim of petit larceny to slap the defendant in exchange for dropping the complaint against Dallas Jarrett, who had allegedly taken a few Oxycontin pills from Deborah McGraw’s medicine cabinet while performing some household repairs for her.


Altmeyer says that he relayed McGraw’s offer half-seriously, and was taken aback when the one-slap deal was accepted by Jarrett and his attorney. He shouldn’t have been surprised: Jarrett was facing up to a year in prison. I’d take Deborah’s slap. Heck, I’d take a Mike Tyson slap. Wouldn’t you? Continue reading →

			

	


			
				


	

							
The Not-So-Baffling Mystery of the Missing Ethics Rule
						

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ABA  Model Rule 7.6: Political Contributions To Obtain Legal Engagements Or Appointments By Judges

A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.


That’s pretty clear, is it not? The American Bar Association, in its Model Rules of Professional Conduct, now followed (in various, eccentric forms, to be sure) by 49 states, the District of Columbia and Puerto Rico, emphatically declares that “pay-to-play” arrangements are unethical for lawyers even in states where the sleazy practice might be legal. “Pay-to play” is, after all, classic corruption, older than Mayor Curley, Richard Daley, Boss Tweed and Mister Potter. Lawyers contribute big bucks to the campaign funds of state and local powerbrokers, including Attorneys General and judges, and get big state contracts in return. It is indefensible ethically, although you can find plenty of people who will defend it, their tongues crossed tightly behind their backs all the while.  Continue reading →

			

	


			
				


	

							
Blizzard Ethics and Parking Space Etiquette
						

			 / Jack Marshall						 / 9 Comments
								

			


		

		
The Great Blizzard of 2010 inspired The Washington Post to publish a piece about snow ethics, focusing especially on this touchy question: Is it ethical to park in a space shoveled out by someone else?


The problem with the article is that it doesn’t ask the ethically crucial second question: Is it ethical for someone to hold one of the rare cleared parking spaces on the street open, when other motorists desperately need a place to park?  Continue reading →