Professions

Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.

/ Jack Marshall / 250 Comments

pregnant nunButte Central teacher Shaela Evenson says she is planning on suing the Montana Catholic middle school that fired her for getting pregnant without the benefit of a husband. Whatever it is she is thinking (and whatever it is her lawyer is encouraging to keep thinking), it’s unethical, and I doubt the law will have much sympathy with it either.

  • She signed a contract promising “to respect the moral and religious teachings of the Catholic Church in both her professional and personal life”—a bit broad for my tastes, but this episode was pretty obviously exactly the kind of thing such a clause was designed to forbid, and nobody forced her to agree to it.

  • As Patrick Haggarty, the superintendent of Catholic schools for the diocese, said,  Evenson “made a willful decision to violate the terms of her contract.” It’s hard to argue that getting pregnant before marriage isn’t a willful decision, if she wasn’t raped.

  • Haggarty also notes, “The Catholic moral teaching is that the sacrament of marriage is a holy union between a man and a woman.” That sounds about right. Continue reading →

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

/ Jack Marshall / 61 Comments
"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

This principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,” writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading →

What A Hollywood Journalist Calls “Ethics”

/ Jack Marshall / 33 Comments
Listen to me, Roger, and I mean this in the nicest way: stick to gossip.

Listen to me, Roger, and I mean this in the nicest way: stick to gossip.

The Hollywood wagons are already circling around Woody Allen, accused—again, but now as an adult who can speak for herself—by Dylan Farrow of sexually abusing her when she was only 7 years old. Reading some of the statements issuing from Tinseltown, I am struck again by the ugly opposition any non-celebrity victim must face when accusing a powerful industry figure of wrongdoing. Luckily, many of the most vociferous defenders signal their desperation and their lack of basic comprehension of the issues, undermining their arguments.

Exhibit A is veteran Hollywood journalist Roger Friedman, who was quick to issue an article alleging, as he has for 20 years, that Dylan’s story is all part of a Mia Farrow plot to destroy innocent Woody. On his website, Friedman headlines his piece, “Mia Farrow Uses Close Pal Journalist in Woody Allen War: Writer of Latest Piece is Close Friend.” Friedman’s concept of what constitutes a “conflict of interest” is intriguing. His argument is that Times journalist Nicholas Kristof, who published Dylan’s open letter on his blog, is friends with Mia Farrow (Friedman implies that they are romantically involved while specifically saying that he isn’t implying it–his evident journalistic sliminess would undermine even a fair article, which this is not), and that this makes Dylan’s letter less credible. What he doesn’t explain, since he can’t, is why the same letter would be any more credible or reliable whether Kristof published it or someone else did. Continue reading →

Ethics Alarms MailBox: “Does The Naked Teacher Principle Apply To Bodybuilding Teachers…or Mothers?”

/ Jack Marshall / 22 Comments

Bodybuilder mom

Since the NTP is back in the news—Kaitlin Pearson, whom Ethics Alarms dubbed the perfect example of the Naked Teacher Principle, was allowed to continue her job as a teacher’s aide—this is a propitious time to address a question I received off-site by an esteemed reader, who sent me a photo similar to the one above (but of another female competitive bodybuilder/mom—who is 50 years old) and commented, “This is a picture of a local soccer mom with a teenage son. Is she setting a good example for her son, and does her conduct trigger the Naked Teacher Principle?”

Let me finish with Kaitlin first. I personally wouldn’t have let her continue, if only because she was not forthcoming about her other pursuits when she interviewed for the job. That doesn’t mean that the resolution of her particular case is in defiance of the NTP. It states, Continue reading →

Déjà Vu: In D.C., It’s The Brooklyn EMTs All Over Again. How Can This Happen Even Once?

/ Jack Marshall / 12 Comments
"Hey, I'm ready! Just go through the proper channels, and I'm On it! You can count on me!"

“Hey, I’m ready! Just go through the proper channels, and I’m On it! You can count on me!”

I guess it’s a sign of longevity that some ethics stories are recurring so exactly that I can handle them with previous posts. I never wanted to see this one repeat, however.

In 2004, two EMT’s let a pregnant woman die in front of them without offering aid, because they were on a break and wouldn’t abandon their coffee and bagels to save a mother and her unborn child. (They were suspended and yet kept their jobs.) Over the weekend, in Washington, D.C., a 77-year-old man, Medric Cecil Mills, collapsed across the street from a fire station. The man’s daughter ran across the street to seek help, and the firefighter she spoke to explained that he couldn’t respond until being dispatched and instructed her to call 911. The man died.

[A black humor note: when 911 was called and a rescue vehicle dispatched, it went to the wrong address.] Continue reading →

Ethics Dunce: Slate Editor David Plotz

/ Jack Marshall / 12 Comments

SlateDavid Plotz, journalist and editor of the on-line culture magazine Slate, takes on the California Supreme Court in an essay in his magazine, harshly criticizing the 7-0 decision yesterday to deny Stephen Glass the opportunity to practice law in the state. Glass has been attempting for almost 20 year to persuade some state that a star journalist who was exposed as a pathological liar is a trustworthy lawyer. Plotz’s attack on the opinion as smug and self-righteous says a lot more about Plotz and his field of journalism than it does about the court. It  exposes the perils of a non-lawyer delving into legal ethics without even a modicum of research. Mostly, the exercise shows how far journalism has fallen, when the editor of a prestigious on-line journalistic enterprise essentially denies the importance of professionalism. “It’s a job,” he concludes about the law, trying to bring lawyers down to the depths of his own, thoroughly debased line of work.

Not that the decision isn’t ripe for criticism, for it is. In particular, the majority reasoning continues the legal field’s strange hypocrisy of applying a far more stringent standard to the character of those trying to get their licenses that it does to those who have proven themselves unworthy of holding them. The District of Columbia, supposedly one of the toughest jurisdiction regarding legal discipline, recently administered a mild reprimand to a Justice Department attorney who had been practicing on a suspended license for more than two decades. John Edwards, whose trail of lies while deceiving his dying wife and devising schemes to hide his pregnant mistress in order to gull the Democratic party into nominating him for President, has managed to avoid any discipline at all despite the fact that his continuing leave to practice law disgraces every lawyer on the planet. And, of course, the very same court Plotz derides now recently delivered the stunning conclusion that a non-citizen who entered the country illegally and engaged in years of lies to remain here is nonetheless fit to be a lawyer. (Naturally, Plotz liked that decision.) None of these are mentioned in the post. Continue reading →

Ethics Quote of The Week: The California Supreme Court

/ Jack Marshall / 17 Comments

stephen_glass

“Glass and the witnesses who supported his application stress his talent in the law and his commitment to the profession, and they argue that he has already paid a high enough price for his misdeeds to warrant admission to the bar. They emphasize his personal redemption, but we must recall that what is at stake is not compassion for Glass, who wishes to advance from being a supervised law clerk to enjoying a license to engage in the practice of law on an independent basis. Given our duty to protect the public and maintain the integrity and high standards of the profession (see Gossage, supra, 23 Cal.4th at p. 1105), our focus is on the applicant‟s moral fitness to practice law. On this record, the applicant failed to carry his heavy burden of establishing his rehabilitation and current fitness.”

—–The California Supreme Court, finally rejecting the application of disgraced journalist Stephen Glass for admission the the California Bar, on the grounds of trustworthiness and poor character.

This should end Glass’s efforts to enter the new profession of law after spectacularly destroying his reputation in his former one, that of star journalist for The New Republic. After he was found to have fabricated more than 40 pieces for the magazine and gone to elaborate efforts to deceive fact-checkers. Stephen Glass  (Whom I first wrote about here) was fired in 1998. Luckily for him, he was already a student at Georgetown Law Center at the time, attending its night school, as he almost certainly would not have been admitted after his public exposure as a serial liar. Glass graduated, and beginning in 2002 commenced on this long,  difficult and ultimately unsuccessful journey to professional redemption, taking and passing multiple bar exams and being rejected, first by New York and now by California.

Upon reflection, Glass may well conclude that lying to the New York Board of Bar Examiners was an especially bad idea. Continue reading →

Ethical Quote of the Week: CNN’s Jake Tapper

/ Jack Marshall / 13 Comments

r-JAKE-TAPPER-large570

“I choose to make it my job to not automatically believe what the U.S. government says…My job is to be skeptical. Skeptical of people like Edward Snowden, and skeptical of the U.S. government. My job is to not take for granted when somebody says ‘Oh, this is all just a made-up, phony scandal’ or ‘What this person did put the U.S. government at risk.’ It’s the exact opposite of my job to take what the government says at face value and say ‘This is the truth because the government says it, and the government never lies.”

—-CNN anchor Jake Tapper, in an interview with conservative radio host Hugh Hewitt on Friday.

Jake Tapper, as he demonstrated frequently during his tenure at ABC News and has frequently in his news show host role at CNN, actually tries to be an objective, conscientious, unbiased reporter. As such, he is a shining beacon in the murky ethical wasteland known as American journalism

_________________

Source: The Blaze

Translation For Norwegians: “Oh, Please. We’re The United States Of America. Why Should We Care About Sweden…er, Norway? Whatever.”

/ Jack Marshall / 41 Comments
I hear he really likes fish, though, and roots for the Vikings.

I hear he really likes fish, though, and roots for the Vikings.

Stipulated: Ambassador to Norway is not the most vital foreign relations post the Obama Administration has to fill. Also stipulated: if one assumes that the quality of U.S. appointee naturally diminishes down the line from the most important diplomatic position to the least, and the top position is filled with the likes of John Kerry, one might assume that Norwegians would be relieved that the post of U.S. Ambassador to Norway wasn’t being filled by a used lawn chair. The final stipulation is that there is nothing unique or unusual about a U.S. President filling a high diplomatic post with someone manifestly unqualified for the job by anything other than the size of their contributions to his re-election. This is not only a case of “everybody does it,” but also “everybody has been doing it shamelessly for about 200 years.”

With all of that stated and understood, it is still impossible to avoid the ethical conclusions that…

  • The performance of President Obama’s selection as Ambassador to Norway in his Senate confirmation hearing was a disgrace and an embarrassment, even by the prior low standards of past appointees.
  • Appointing such an obviously unqualified, and indeed lazy and uninterested, U.S. ambassador to any locale with more human occupants than Sesame Street is irresponsible.
  • Doing so is an insult to Norway, and, by extension, its population, friends, and neighbors, which..
  • Makes the government of the United States look arrogant and  foolish, which…

Kaitlin Pearson: First “Naked Teacher Principle” Subject of 2014, And Maybe The Most Perfect Naked Teacher Example Ever

/ Jack Marshall / 77 Comments

Kaitlin3

It’s 2014, and time for the first Naked Teacher Principle controversy. As it happens, this one may be the standard against which all others are judged.

Kaitlin Pearson, a Fitchburg, Massachusetts elementary school teaching assistant in the special education department at South Street Elementary School, was exposed, wait, no…busted….no, sorry, not that, er..outed as a well-publicized nude model when someone sent an anonymous package containing her “elegant implied nude” photos to the principal. (That’s the first thing that jumped into my mind when I saw the photo above, I can tell you; “Now there’s an elegant implied nude photo!”) She’s on paid leave now, and you never know what those wacky school administrators will do, but Kaitlin is most down-the-middle-of-the-alley example of the Naked Teacher Principle in action as I’ve ever seen:

1. She’s a teacher…

2. At an elementary school…

3. Who has her photo taken in mostly naked and sexually suggestive poses…

4. Has them posted on the web, where they are easily accessed under her name….

5. Has posted many of them herself….

6. Never alerted her employers to her alternate vocation, and in particular,

7. Didn’t explain this practice and its inevitable results when she was interviewing for the job. Continue reading →