Professions

The Federal Government Apparently Finds Ethics Suspicious, And Other Alarming Developments

/ Jack Marshall / 38 Comments

And not just ethics—music teacher ethics.

Thank God we have a federal government poised and ready to come down hard on monopolist schemers like her...

Thank God we have a federal government poised and ready to come down hard on monopolist schemers like her…

Like many professions, music teachers regard it as uncollegial, unprofessional and wrong to poach another music teacher’s clients—that is, little Marvin who’s learning the violin, or little Patrice who is practicing the piano. Thus the tiny Music Teachers National Association (MTNA) included a provision in its code of ethics condemning such conduct, and declaring that no ethical music teacher sets out to actively recruit another studio’s or teacher’s students.

Regulators are hired to regulate, which means, though big government fans refuse to admit it, that we have tax-payer funded government employees who spend their time looking for ways to justify their existence. One such employee at the Federal Trade Commission must have really been desperate, because the MTNA received an official letter from the FTC announcing that because of the association’s ethical ideals, the 22,000 member group of mostly piano teachers was under investigation for fostering non-competitive practices that would lead to price-fixing. Yes, the Feds find professional courtesy suspicious. Can’t have that.

This came as a shock to the association, since… Continue reading →

Cuomo Interviewing Cuomo? Of Course It’s A Conflict!

/ Jack Marshall / 9 Comments

The interesting question isn’t whether CNN’s Chris Cuomo blithely interviewing the Governor of New York Andrew Cuomo—who happens to be his brother–is a conflict of interest and an example of unethical journalism. Of course it is. The interesting question is what it tells us about the state of U.S. journalism that such an interview could even occur.

Here are two prominent provisions of the Society of Professional Journalists Code of Ethics, requiring that ethical journalists…

  • “Avoid conflicts of interest, real or perceived.”
  • “Remain free of associations and activities that may compromise integrity or damage credibility.”

Is there any question that a CNN anchor man interviewing his brother regarding anything whatsoever violates both of these? Real or perceived? Compromise integrity or damage credibility? Seriously?

Cuomo the Anchorman was interviewing Cuomo the Governor regarding the recent train accident. Conflict? Sure: the journalist is supposed to have only one duty, and that is to his audience. But Cuomo the Anchorman obviously has another, potentially confounding duty of loyalty to his interview subject, and this he must not have. It calls into question his willingness to probe and, if the facts warrant it, to ask uncomfortable questions of his subject. If Chris Cuomo’s duty to his audience unexpectedly requires him to breach his loyalty to his own brother, which will he choose? We don’t know. Perhaps Cuomo himself doesn’t know. He was obligated not to place himself in a situation where the question even needed to be asked.

The various defenses being offered are, I have to say, misguided and disturbing. The usually sensible Joe Concha of Mediaite writes that the controversy is “much ado about nothing.” His reasons are … Continue reading →

Business Ethics: Searching For An Effective Way To Show Contempt, And Failing Miserably

/ Jack Marshall / 19 Comments
"You got a complaint?"

“You got a complaint?”

After yesterday’s excursion, I am adding Gold’s Gym to the long list of companies I will no longer patronize come Hell or high water. As my Dad used to say (he died exactly four years ago today, on my birthday, which I suspect may have been just another in a long line of his black humor pranks), “That and twenty cents will get you a ride on the MTA.”

Gold’s Gym screwed me in one of those little ways that doesn’t matter much in any one case, but that multiplied by thousands probably pays for some nice bonuses. I don’t appreciate this, and there should be a some way to make it stop, or at least hurt the company a little.  As with so many other unethical business practices, however, by other companies large and small, there isn’t, which is why those practices persist. And the fact that they are just scrimey, petty, unfair and wrong apparently isn’t that enough to make cause an executive somewhere in the chain of command who was raised right to just say, “Wait—this makes our company look like a used car lot.  Where’s our integrity?”  I suspect it’s because when such an executive does this, his boss says, “Integrity is nice, Bill, but that little trick pays for your raise.” To which Bill answers, “Oh. Never mind.” Continue reading →

The Daily Beast’s Lloyd Grove, Cultural Pollutor…But Only One Among Legions

/ Jack Marshall / 7 Comments
Interestingly, THIS grove understands ethics better than Lloyd.

Interestingly, THIS grove understands ethics better than Lloyd.

There are three primary reasons the United States of America is getting steadily disoriented, more gullible, less discerning, cruder and unethical. The first is that our leaders now only care about maintaining power, where once  leaders tended to their duty of being what John Adams called America’s aristocracy. Such leaders, not too long ago, modeled the best values and behavior for the public because they carried the most crucial responsibilities, and thus had to be trustworthy. They understood this obligation was theirs because they had the most visibility, and recognized that this demanded positive, admirable, virtuous public behavior. Now our leaders use sophisticated modern marketing techniques to package themselves and ideas like a phony weight-loss remedy, gradually dropping the facades once they are too entrenched to remove. The dispiriting journey make us cynical, less civically involved, and confused. Continue reading →

My JFK Ethics Tale

/ Jack Marshall / 23 Comments

 Shredded Files

As regular readers here  know, I am not an admirer of the character of John Fitzgerald Kennedy, though he had some notable leadership skills that I respect. His reputation as a great man and President is vastly inflated and, in a strange way, I may share some of the responsibility for that.

Several years ago, I had just completed an ethics seminar for the DC Bar. One of the issues I discussed was the lawyer’s ethical duty to protect  attorney-client confidences in perpetuity, even after the death of the client. An elderly gentleman approached me, and said he had an important question to ask. He was retired, he said, and teased that I would want to hear his story. I don’t generally give out ethics advice on the fly like this, but I was intrigued.

“My late law partner, long before he began working with me, was Joseph P. Kennedy’s “‘fixer,'” he began, hooking me immediately. “Whenever Jack, Bobby or Teddy got in trouble, legal or otherwise, Joe would pay my partner to ‘take care of it,’ whatever that might entail. Well, my partner died last week, and when I saw him for the last time, he gave me the number of a storage facility, the contract, and the combination to the lock. He said that I should take possession of what was in there, and that I would know what to do. Continue reading →

Op-Ed Columnist Kathleen Parker, Case Study: Why A Truthteller Can’t Be A Weenie

/ Jack Marshall / 22 Comments
You are so NICE, Kathleen! Now please find a another job where that's an asset.

You are so NICE, Kathleen! Now please find a another job where that’s an asset.

“I tend to be generous with the benefit of doubt,” wrote Kathleen Parker, the mildest of conservative Washington Post columnists, in a recent effort at punditry. That’s an understatement, but then, understating is what Parker does. She also excels at writing equivocal near-condemnations that end up in pretzel form and stuck in dead-ends of ambiguity when clarity is called for.

This makes her very useful to the mainstream media, which like to present the illusion of balance while rigging the game. When I see her on a Sunday morning “roundtable” as one of the conservative voices recruited to spar with sharp, aggressive, no-holds barred progressives like Kathleen van der Heuvel  or Van Jones (and a left-biased moderator), I know that the discussion will make any uninformed viewers believe that the truth consists of the midpoint between progressive spin, and Parker smiling and raising her eyebrow. She is, in short, a weenie. A nice weenie, to be sure, but when your job is battling in the marketplace of ideas, unyielding politeness, measured words, and the insistence that all sides have merit—which is often, indeed usually true–results in shorting her side, and giving the contest to the combatant with no such reticence about full-throated advocacy. Parker isn’t wrong. Parker is incompetent at her job, as it has evolved. Thus when she accepted a co-hosting gig in a CNN “Cross-Fire” clone as the Right commentator to Eliot Spitzer’s Left, he completely dominated her (he was also a bully and a boor in the process) until Parker left the show, frustrated and humiliated.

I was horrified recently to discover that Parker had written a column about the President’s non-apology apology that tracked closely with mine (posted the following day), because I dreaded  Ethics Alarms readers concluding that I was cribbing from her. Her column was also notable for its theme, which was signaled by its opening sentences: Continue reading →

Why Is A Lying Journalist Not Fit To Practice Law, When A Lying Presidential Candidate Is?

/ Jack Marshall / 4 Comments
Question: Which two men are fit to practice law? (It's a trick question...)

Question: Which two men are fit to practice law? (It’s a trick question…)

The Wall Street Journal Law Blog muses on an issue that has troubled me for a long time: the fact that the legal profession allows people to keep practicing law whose conduct would have kept them out of the profession had it occurred before they were lawyers.

The reason for the current examination is the apparent inconsistency of disgraced New Republic journalist Stephen Glass continuing to fight and uphill battle (and, I think, doomed) to be admitted to the California bar, while lying scum-of-the-earth John Edwards still has his law license and is opening up a new practice in North Carolina. I wrote about Glass here, and Edwards here.

In the Journal piece, estimable legal ethicist Stephen Gillers opines that the different standards applied to Glass and Edwards are paradoxical,  with the law grads entering the profession being held to more stringent ethical standards  than a veteran attorneys. “If anything, you might say it should be the opposite,” he says.

Especially if the veteran lawyer is a high-profile, national figure who makes every other lawyer want to crawl under a rock… Continue reading →

Racism, Abuse of Power, And Grosse Pointe Abu Graib

/ Jack Marshall / 18 Comments
This story is so upsetting, I recommend periodically checking this picture to get you through it. It helped me.

This story is so upsetting, I recommend periodically checking this picture of a Jack Russell puppy to get you through it. It helped me, anyway.

This, I think, should be a crime, and perhaps it is, a civil rights law violation. The police officers who perpetrated this outrage on African-Americans—I really don’t care what the victims did, from petty theft to mass murder, it doesn’t matter–need to be jailed, and for a long, long time. I wish they could be deported. They aren’t Americans. They are viruses.

In Grosse Pointe Park, the ritzy section of Detroit—which sounds like an oxymoron, I know—police forced African-American citizens to sing, dance, and make noises “like a chimp.” Then, like idiots everywhere, these cops posted the videos of this racist cruelty online. They were proud of it, you see.

The racism alone is sufficient cause to fire these villains, but bigotry alone isn’t a crime. Using police power to humiliate another human being, strip him of dignity and attack the essence of his humanity is a crime, whether it happens to fit the specifics of any statute or not. What the Detroit police did was the domestic, racist equivilent to what was done to the Abu Ghraib Muslim prisoners, which Rush Limbaugh, to his permanent shame, called “just fooling around.” Treating another human being as a toy, a prop, and a puppet isn’t fooling around, it is dastardly. Showing such contempt and disrespect for American citizens based on color, creed, or on any basis smacks of a domestic Kristallnacht. When the military or the police do it in our name, it implicates all of us, undermines trust in government, impugns the honor of good and professional police officers and soldiers, and divides communities, races, and civilizations.

It has to be a crime. And every second those officers are allowed to keep their badges disgraces Detroit, Michigan, and the United States of America.

_____________________________________

Facts: New York Daily News

Unethical Excuses From All Over: Time Magazine, Richard Cohen, and Toronto

/ Jack Marshall / 18 Comments

escuses

Caught red-handed in unethical conduct, the right, honest, courageous and yes, practical thing to do is to admit wrongdoing, eschew excuses, acknowledge fault, express contrition, and resolve not to behave in a similar manner again. Unfortunately, this is difficult for many people, especially, it seems, those in the public eye. Another reason it is difficult is that people who engage in grossly unethical conduct tend to gravitate to unethical responses when they are called to account for it.

We are currently awash in examples of this phenomenon:

I. Time explains that its fat slur cover on Chris Christie wasn’t what it seemed.

Ethics Alarms was one of the first to call foul on Time’s unprofessional “Elephant in the room” cover on New Jersey Governor Chris Christie, and the condemnation of it was almost universal. There was no defense for this, a purely juvenile and biased insult masked as journalism. An ethical organization would have immediately responded:

‘Time used poor judgment in its language on the recent Chris Christie cover, which was gratuitously insulting to the Governor and millions of Americans. It was wrong to mock the governor because of his weight, as it is wrong to denigrate anyone based on their physical appearance. This was a failure of our editing process, by our staff, and of the entire organization, which failed to meet the high standards of professionalism, fairness, civility and integrity that Time has traditionally strived to meet, and has met in the past. We apologize to Governor Christie and our readers. Everyone should expect better of Time magazine, and we betrayed that trust. We vow to work diligently to regain it.’

But noooooooo!

What Time really did was… Continue reading →

A Prosecutor Is Sent To Jail For Unethical Conduct, And It’s About Time

/ Jack Marshall / 25 Comments
Good.

Good.

In the resolution of a case already discussed on Ethics Alarms, Former Williamson County (Texas) District Attorney Ken Anderson has been  sentenced to serve 10 days in jail, pay a $500 fine and complete 500 hours of community service as punishment for intentionally failing to turn over exculpatory evidence that would have exonerated Michael Morton, who spent nearly 25 years in prison for a murder he did not commit. Anderson also was forced to surrender his law license and resign his post as a judge because of his ethical breaches in the 1987 case, ultimately overturned after DNA evidence proved that Morton did not beat his wife to death.

Ten days for the prosecutor who disgraced his profession, sullied the justice system and destroyed a life seems like a rap on the wrist, and even an insult to the man who had to spend  nearly 9000 days in jail because of Anderson’s deception. Consider, however: despite blatant prosecutorial misconduct, in every state and for centuries, with untold numbers of innocents jailed and executed, most never vindicated, this appears to be the first time on record that any prosecutor has been punished with jail time. Few, compared to the number deserving punishment, have been punished at all.

It’s a start. It’s a precedent.

The justice system just became a little more accountable.

_____________________________

Pointer: Legal Ethics Forum

Sources: New York Times, ABC KVUE

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.