Professions

When Does A Prosecutor’s Personal Life Become Relevant To Professional Performance? I Believe This Would Be An Example…

/ Jack Marshall / 6 Comments
Love is blind.

Love is blind.

In Washington State, a Spokane County deputy prosecutor named Marriya Wright has resigned her position following the discovery of a photograph of her in a bikini (posing in a bodybuilding competition) in the possession of  Matthew Baumrucker, an inmate in the Spokane County Jail notable for having the word “criminal” tattooed on his forehead.

Police have determined that Baumrucker and Wright corresponded via text or phone calls 1,280 times between February 6 and March 5, during the time that the inmate was being investigated for his alleged role in an assault. On March 3, police were trying to find Baumrucker in connection with the assault charge, and found him in an apartment with a woman who later told police that Baumrucker had received legal advice from a woman he called  “Marriya.” Baumrucker told the woman that “Marriya told him she didn’t have to let the police in to search if they did not have a search warrant.” Another witness told police that they saw Baumrucker meet Wright in a car at a nearby gas station, and “overheard Marriya telling Baumrucker he needed to get his warrants taken care of.”   Surveillance video obtained by police confirms Baumrucker got into Wright’s vehicle at that gas station. Continue reading →

Unethical Tweet Of The Month: New York Magazine Columnist Frank Rich

/ Jack Marshall / 15 Comments
Stay classy, Frank.

Stay classy, Frank.

Full disclosure: I went to college with Frank Rich. He gave me a rave review for a performance once. When he turned into the vicious, biased, hateful jerk he reveals himself to be in his not merely progressive but irrationally  hostile to conservatism op-ed columns and, prior to that, his vitriolic and hyper-critical theater reviews for the Times, I don’t know. Maybe if I had befriended him back then, he would not be the bitter misanthrope his is today. Maybe just an outstretched hand, a kind word, or a sharp, “Why don’t you stop being such a dick?” would have turned the tide of his life around. Alas, we shall never know.

Here is what Rich tweeted yesterday, upon learning of the guilty verdict handed down against former Virginia Governor Bob McDonnell and his wife:

Rich Tweet

Continue reading →

Quote of the Week: Joan Rivers

/ Jack Marshall / 10 Comments

joan-rivers-giving-finger1

 

AHHHHGGGGGRRRRRhhhrrrah….

—Comedienne Joan Rivers, 81, in her reported final words before expiring yesterday.

Just kidding.

Too soon?

Joan Rivers would rate Ethics Hero status if I did not have a philosophical objection to calling someone a hero because everyone else is a weenie. Yes, Rivers spouted off whatever outrageous, impolitic, offensive thing that materialized in her nimble brain regardless of who it might offend, as long as she felt someone, or a critical mass of someones, would find it funny. That is the proper mindset for any professional comic, but it has become both a rare and dangerous one, as we regularly see comedians grovelling in remorse as soon as sufficient numbers of well-placed critics designate a joke as “insensitive.”

Rivers, whom I can never recall making me laugh for a second, served an important cultural purpose while she was alive, as do Jackie Mason, Mel Brooks and Don Rickles, perhaps the last remaining in-your-face comedians from the days when funny was all that mattered, and careers weren’t ended  by stepping just a little too far over the line, or even a lot too far. Her successors, like Sarah Silverman and Lewis Black, don’t count: they are vicious toward whatever group or groups their audience deems deserving of abuse, and only them. In the end, it is likely that the only clowns with the license that Rivers enjoyed will be animated cartoons, like Peter Griffin(“The Family Guy”) and Homer Simpson. Continue reading →

Sadists With Guns and Badges…Also Knives and Shovels

/ Jack Marshall / 22 Comments

I don’t know what kind of a person Darren Wilson is, and I don’t know if he was justified in shooting Mike Brown. But it there is increasing anecdotal evidence that a lot of police officers have a cruel, vicious and callous streak as evidenced by their attitudes toward animals, and to me, this suggests that are a lot of people in uniform with the authority to use deadly force who should not be police officers at all.

Jonathan Turley highlighted two nauseating cases in recent days.

The first unfolded in Baltimore, when Nala, a young Shar Pei,  escaped from her owner’s  yard over the weekend  and a neighbor tried to check the dog’s tags. Don’t try this with unfamiliar dogs that might be stressed, everyone: Nala snapped at her, causing a minor wound. The neighbor then summoned police to deal with the dog, though she has acknowledged that the bite was her own fault, and Nala was just frightened.

The police and took control of Nala using the long dog-control pole. The neighbor reported that the two police officers abused the dog without cause in the process, twisting its neck and hurting her. One officer kneeled on Nala’s chest, causing her to whimper in pain.

They were just warming up.

Officer Jeffrey Bolger then said, according to multiple witnesses, “I’m going to fucking gut this thing.” As the neighbor and others watched in horror, Bolger pulled out a knife and slit Nala’s throat  while Officer Thomas Schmidt held her down. Witnesses say that the dog was already immobilized against the ground and was posing no threat. Animal cruelty charges have been brought against both Bolger and Schmidt.

So you see, that animal control officer who shot the wild kittens as children watched wasn’t so bad after all. Continue reading →

Sen. Gillibrand and The Pigs

/ Jack Marshall / 15 Comments
"I yield to the distinguished gentleman from the sty..."

“I yield to the distinguished gentleman from the sty…”

People magazine revealed an intriguing bit of Sen. Kirsten Gillibrand’s (D-NY) new memoir, “Off the Sidelines: Raise Your Voice to Change the World” that suggests that members of the Senate are not the “Distinguished Gentlemen” they are supposed to be, at least when it comes to basic manners involving female colleagues:

“Gillibrand isn’t especially offended by her coworkers’ remarks. ‘It was all statements that were being made by men who were well into their 60s, 70s or 80s,’ she says. ‘They had no clue that those are inappropriate things to say to a pregnant woman or a woman who just had a baby or to women in general.’ ”

Now some critics on the Right are using this as a “gotcha!”, suggesting that Gillibrand is protecting Democrats from negative attention for the same kinds of conduct that Gillibrand’s party and colleagues are quick to use against Republicans in its “war on women” strategy.

This accusation is beyond disingenuous, not to mention stupid. If Gillibrand were to publicly accuse a GOP colleague of such conduct, she would be accused, by these same critics, of being a hysteric, a bad colleague, unprofessional and petty—and they would be right. No professional woman responds to this kind of crude, obnoxious, “Look! I’ve-been-hiding-in-since-1970,” training-wheels harassment by making a public accusation that embarrasses not just the individual at fault but the organization they both work for. For Gillibrand to do this in the U.S. Senate would instantly make her a pariah even in her own party.

More importantly, it would be wrong. Continue reading →

Now THIS Is An Unethical Judge…

/ Jack Marshall / 11 Comments

judge_mccree

No, the judge in question is not the Honorable Wade McCree, the handsome devil pictured above, who, you may recall from an earlier post here, recently escaped a suit for damages by the husband of the women he was banging like his gavel during—literally during, in some instances— the gentleman’s trial for not paying spousal support. That unethical judge was removed from the bench and suspended, but also protected from being sued by the principle of judicial immunity.

Ex-judge McCree is a disgrace, but this judge is something else. Judges are, reasonably enough,  required not to break the law themselves, and also to conduct themselves in such a way that the public’s confidence and trust in the judicial system and judges overseeing it are not undermined. I would argue that taking narcissitic selfies like the one above and distributing it shakes such confidence, but you know what an old poopie-head I am about such things. I am confident, however, that I am not being a poopie head when I conclude that the public has reason to have doubts about the, ah, judgment of…

Cuyahoga County Common Pleas Judge Lance Mason, who was removed from his duties after a jury indicted him of felonious assault, kidnapping, child endangering and domestic violence. He was arrested earlier this month after an incident in which he punched his wife in the face several times, bit her and choked her, all while driving on Van Aken Boulevard in Cleveland…. with their children in the backseat!  She was hospitalized with numerous injuries. Thoughts: Continue reading →

Our Untrustworthy Public Schools, Part I: The Administrator

/ Jack Marshall / 27 Comments

wolf_in_sheeps_clothing

How could this happen in a trustworthy institution?

It couldn’t.

The Washington Post reported this week that Robin Anthony Toogood II resigned as  principal of Jennie Dean Elementary School, a job he had held since 2009. He also surrendered his Virginia teaching and administrative license. Toogood, who had worked as a teacher and administrator in Washington D.C. area public schools since 2000, had not only falsely claimed to have  a doctorate in education, he also never received an undergraduate bachelor’s degree.

Manassas City officials never checked Toogood’s credentails when he was hired as principal five years ago. The fake degrees were only discovered because he applied to be an elementary school principal in neighboring Prince William County, where to his evident surprise, a proper background check followed. It revealed Toogood’s resume to be Toogood to be true.* He had falsified transcripts from the University of Maryland Baltimore County, Trinity Washington University in the District and Regent University in Virginia. The County alerted Manassas schools, which confronted Toogood. He did not deny the findings and resigned.

He is also apparently a pastor. Manassas City discovered that Toogood also claimed to have earned a doctorate from Andover Theological Seminary and had not.

The Post reports that Toogood had previously been a teacher in D.C. public schools and held administrative positions at several D.C. public charter schools. D.C. public school officials confirmed to the Post that Toogood had taught there from 2000 to 2005, after which he was an administrator at Friendship Collegiate Academy from 2006 to 2007 , and principal of the Center City charter school from 2008 to 2009.  The D.C. Public Charter School Board’s spokesperson told the Post “that the schools conduct their own background checks with board guidance.”

Nice job, guys. Continue reading →

Ferguson Ethics Train Wreck Update: Unethical Prosecutors Edition

/ Jack Marshall / 28 Comments
McCulloch: Mission Impossible

McCulloch: Mission Impossible

  • CNN’s Unethical Experts. Where does CNN find these people? Carol Costello interviewed two former prosecutors regarding the beginning of grand jury deliberations in Ferguson, both female; one white and blonde, one African American. (As soon as I retrieve the names of these disgraceful representatives of the legal profession, I’ll add them to the post.) The African American prosecutor made her position clear: since St. Louis County Prosecutor Robert McCulloch has the authority to charge Officer Darren Williams without resorting to a grand jury, that’s what he should do. She termed his resort to a citizen panel to review the evidence a “punt.” Note that McCulloch’s critics have no idea what evidence is in his hands, so criticizing his decisions regarding it is by any measure irresponsible, unprofessional and unfair. She also  suggested that McCulloch was biased against African Americans because his father, a police officer, had been shot and killed by a black man. She presented no other evidence of racial bias. Then Costello went to the blonde ex-prosecutor, who a) agreed that using the grand jury was a “punt”—again without her personal knowledge of the evidence being considered; b) opined that the evidence was probably a mess, and was not clear enough or sufficient to conflict the officer of anything, so c) what should be done is appoint a special prosecutor as in the Trayvon Martin case. She noted that the Martin special prosecutor, Angela Corey, brought an indictment without using a grand jury, and that while the case may not have had enough evidence to sustain a conviction...“at least it calmed things down.”   

Continue reading →

Ethics Quiz: The Macaque’s Selfie

/ Jack Marshall / 16 Comments

Macaque

The wonderful photo above has gone viral on the web, and is also causing serious debate among intellectual property lawyers. The weird tale is as follows:

Wildlife photographer David Slater was visiting a national park in North Sulawesi to photograph the wildlife. His subject was a group of crested black macaques, and when he left his camera unattended, the primates took advantage of the opportunity. Apparently attracted by the reflection and the noise the camera made when activated (the implications of the macaques doing this because they were interested in photography are too disturbing to contemplate, so I won’t),  one macaque took hundreds of photos of itself. Most were blurry and out of focus, just like the pictures my dad took, but a few were superb selfies that would have Ellen DeGeneres eating her heart out.

Wikimedia took the clear images off of Slater’s website, adding them to its collection of royalty-free graphic, and sending them all over the web as a result.  Slater now demands that the images be taken down or that he be paid for them. While Wikimedia argues that either the monkey owns the copyright for the photos or nobody does, the photographer claims that being the owner of the camera, and the artist who created the circumstances under which the macaque was inspired to release his inner Richard Avedon, he alone is the owner of the photographs.

As you might expect, copyright law is unclear on the issue of lower primate selfies, an art form that was not anticipated as the law evolved. I don’t care about that: today’s Ethics Alarms Ethics Quiz is about fairness:

Should Slater have full ownership of the macaque’s creations?

Continue reading →

Police Misconduct, Professional Courtesy, and the Insideous Virtue of Loyalty

/ Jack Marshall / 16 Comments
"No, I still have your back...I'm just going to have to give you a speeding ticket, that's all!"

“No, I still have your back…I’m just going to have to give you a speeding ticket, that’s all!”

In 2011, Florida Highway Patrol Trooper Donna Jane Watts pulled over—after a brief chase– an off-duty Miami police officer whose vehicle she clocked at over 120 mph. Lead-footed officer Fausto Lopez explained to Watts that he was late for an off-duty job. The tradition among police, as in other professions (like the law and politics), is to extend “professional courtesy” in such situations, or as I call it, unwarranted privilege and corruption.

 Watts, however, arrested Lopez, who had a history of reckless driving, and he was eventually fired. Continue reading →