Professions

The Washington Post Gives Up On Independent Ombudsmen: 1) Too Bad, Because It Needs One Desperately and 2) No Wonder, Since Its Last One Was A Bozo

/ Jack Marshall / 4 Comments
Agreed: He's an improvement over the last ombudsman. But the Washington Post readers deserve better.

Agreed: He’s an improvement over the last ombudsman. But the Washington Post readers deserve better.

The Washington Post, which in 1970 became the first newspaper to employ a full-time “independent ombudsman” to explore reader complaints and exercise ethical oversight, has given up on the concept, pronouncing it a device “created decades ago for a different era.” You know–that era when people trusted the news media, and occasionally were given good cause to do so. Now the Post will rely on a “reader representative” named from the newspaper’s staff.

So much for “independence.”

Giving up on ombudsmen after having Patrick B. Pexton filling the role for the last two years is a little like giving up eating after Thanksgiving at my late Aunt Anna’s house. Her green, slimy, Wonder Bread turkey stuffing had to be tasted (but, oh God, never swallowed!) to be believed. Similarly, Pexton was an utter disgrace as an ombudsman, making excuses for unethical Post excursions into partisan hackery, and apparently completely unaware that his own biases mirrored those of his paper, which supposedly placed him in his job to offer perspective, not cover. And just as I seriously considered never again taking the risk of putting food in my mouth after that memorable holiday dinner in 1966, I can understand the Post thinking, as Pexton’s two year contract mercifully expired last week, thinking, “If we can’t do better than this clown, why have the position at all?” Continue reading →

Ethics Hero: Joan Rivers

/ Jack Marshall / 13 Comments

Bear with me, now.

Fight for "Springtime for Hitler," Joan!

Fight for “Springtime for Hitler,” Joan!

Joan Rivers, who took the baton from Phyllis Diller after Diller had proven that women could be funny stand-up comics, and then proved in her own act that women could be funny, gross, and tasteless stand-up comics, is refusing to apologize for her 7, 678, 423rd tasteless joke, uttered on Monday’s episode of E!’s “Fashion Police” regarding the Julien Macdonald that dress model Heidi Klum wore at Elton John’s AIDS Foundation Academy Awards party:

“The last time a German looked this hot was when they were pushing Jews into the ovens,” is how Rivers described the German-born supermodel.

Sure enough, the joke, and Rivers, who is Jewish, are being condemned by Jewish groups and Holocaust survivors as being insensitive.The Anti-Defamation League’s director, Abraham H. Foxman, called the joke “vulgar and offensive to Jews and Holocaust survivors.” Rivers is standing her ground. The 70-something comic told The Hollywood Reporter, “My husband lost the majority of his family at Auschwitz, and I can assure you that I have always made it a point to remind people of the Holocaust through humor.”

In the wake of Seth MacFarlane’s various controversies at the Oscars (yes, I thought the John Wilkes Booth joke was funny, especially with the planned comeback, “Too soon?”) and the Onion getting too outrageous in its misconceived tweet using a 9-year-old girl as the prop for a joke about something else entirely,  this is as good a time as ever to seek a consensus on where some ethical lines should be drawn regarding jokes and satire. Continue reading →

Ethics Hero: Ken At Popehat

/ Jack Marshall / 4 Comments
Don't look under that federal prosecutor's bag!

Don’t look under that federal prosecutor’s bag!

Not for the first time by a longshot, lawyer/First Amendment warrior/blogger Ken at the sui generis blog Popehat has earned an Ethics Hero award. This time, his achievement included:

  • Recognizing the widespread perpetration of a double standard that cannot be justified
  • Opposing it, though the legal and journalistic establishments are firmly on the other side, and
  • Remedying the immediate situation through his own efforts.

That’s a good year for most bloggers.

Ken was responding to a story that was widely publicized. Justice Sotomayor  had taken the unusual course of writing a separate opinion as she and her colleagues denied cert (that is, refused to take an appeal) in the case of Bogani Charles Calhoun v. United States, using it to condemn what she called the racist tactics of a federal prosecutor. Among her comments, she wrote, sharply, Continue reading →

Ethics Quiz: Judge Shecky’s Dilemma

/ Jack Marshall / 11 Comments
"Here come de judge!"

“Here come de judge!”

Vince A. Sicari is a municipal judge in South Hackensack, N.J. who moonlights as a stand-up comic, and a fairly successful one at that, named Vince August.

He is now sending his lawyer to argue before the New Jersey Supreme Court that he should be allowed to continue his night and weekend job, overturning a 2008 ethics ruling that for a judge to do stand-up creates  “an appearance of bias, partiality or impropriety or otherwise negatively affect the dignity of the judiciary,” in violation of the Judicial Conduct Code. The issue is complicated by the fact that municipal judges almost have to moonlight as something—they earn only $13,000 a year. Sicari argues that his comedian gigs generate the bulk of his income, and that the two careers are separate. He says doesn’t make jokes about his cases or lawyers, nor sensitive issues involving race and gender, and on the bench he is as serious as, well, a judge.

Thus, your Ethics Quiz of the Day gives you an opportunity to judge “Judge Shecky”:

Is it ethical for a judge to moonlight as a stand-up comic? Continue reading →

Is There A “Naked Beauty Pageant Queen” Principle?

/ Jack Marshall / 8 Comments
Beauty queen above, secret twin below?

Beauty queen above, secret twin below?

We know that teachers who have performed in porn movies are toast, once their performances surface online, and that teachers whose images, showing them in their birthday suits, are easily accessible by post-pubescent students are not going to stay secondary school faculty members for long. But do similar rules apply for beauty pageant winners, whose physical assets are not only barely hidden anyway, but the primary, if not sole reasons for their “titles”? Should they?

Let’s look at the dilemma facing Melissa King, the newly crowned Miss Delaware Teen USA. A porn site featured a video with a, er, key performer that both looked and sounded exactly like her, apparently showing Miss Delaware Teen USA doing all sorts of fascinating things on, over, and around an unclothed male actor. King denied that she was the performer (who references her participation in beauty pageants on the video), but gave up her crown anyway. Looking at the photos, either she has also triggered the Lying Beauty Queen Principle, or has a twin sister in the porn trade.

One website covering the story polled its readers regarding whether it should matter if a beauty queen has done porn. Stated in that way, it is a reasonable question. If  beauty pageants were like dog shows, and all that was being awarded was a prize for the most perfect physical specimen, it shouldn’t matter if the winner is a Nazi, a terrorist, a serial killer or a werewolf. The problem arises because these pageants include titles. Continue reading →

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And One More…UPDATE: “Cheated Out Of Their Final Bows: Hollywood Snubs Its Own At The Oscars…”

/ Jack Marshall / 12 Comments

Yesterday I attempted in a small way to make up for the injustice perpetrated on their own by the Academy of Motion Picture sciences, by noting the passing of ten talented and worthy film actors who were unfairly and inexplicably left off the Oscar’s “In Memoriam” feature. I was afraid that I missed someone important, and sure enough, I did. And it was…

Susan Tyrell (1945-2012)

susan-tyrrell

Leaving out Tyrell was especially callous by the Academy (not that dissing the others was not), because, first of all, she was a previous nominee for Best Supporting Actress (for John Huston’s “Fat City,” made in 1972), and second, because Tyrell had battled courageously against multiple health issues while doggedly trying to pursue her craft.  In 2000, she lost both legs as a result of a rare blood disease, but stayed active, performing in seated roles and voice parts to the end. Susan Tyrell was an electric performer, a veteran of Broadway and Off-Broadway, fearless, quirky, and unforgettable.

Except, apparently, by her colleagues in Hollywood.

I’m sorry I missed you first time around, Susan.

Classroom Indoctrination Again: Enough! I Propose No-Tolerance

/ Jack Marshall / 33 Comments
"Now class, I'm not going to say this again---no essays about evil guns, or you'll be sorry."

“Now class, I’m not going to say this again—no essays about evil guns, or you’ll be sorry.”

Dewey Christian is an English teacher at Denton High School in the Dallas-Fort Worth area, and on the evidence of this incident, one more example of how our children are being warped by arrogant bullies and fools under the pretense of public education. The teacher told students to write a few sentences about whatever topic they chose—“a fun experience,” one student said.  However, when two seniors turned in papers that referenced guns—the Horror!— Christian scolded and humiliated them in front of the class, and told them that they would receive zeros unless they chose a different topic.

Fired, that’s all—that’s what this teacher should and must be. Continue reading →

The “Do You Know Who I Am?” Prosecutor and the Strip Club

/ Jack Marshall / 7 Comments
"My mistake--that's a POLE, not the Florida BAR! Silly me. I just made a mistake..."

“My mistake–that’s a POLE, not the Florida BAR! Silly me. I just made a mistake. Wrong address…”

Personally, I find few varieties of unethical conduct more nauseating than individuals of fame, position, power or influence who use that status to squeeze special privileges and considerations from ordinary citizens. From the cop who assumes that he won’t be charged for street grocer’s apple, to the judge who talks his way out of a speeding ticket, to the famous actress  who tries “Do you  know who I am?” when she’s stopped while driving drunk, this behavior warps justice, broadcasts unfairness, and saturates the culture with the toxic assumption of class and privilege, the idea that not only are the rich, powerful and famous subject to different and more lenient standards than the rest of us mere mortals, but that they deserve such treatment.

Ari Pregren, a Miami-Dade County prosecutor, was just fired from his job for embracing this tactic, and appropriately so. The fascinating aspect of the incident for me is that I am certain that his miserable conduct does not rise to level that the legal profession would deem professional misconduct. In Pregren’s case, this means that a state prosecutor who uses his position to get special consideration at a strip club is an unethical jerk, but not necessarily an unethical lawyer, at least in the eyes of the legal profession.

Hmmmmm…. Continue reading →

Ethics Dunce: Any South Carolinian Who Votes For Disgraced Ex-Governor Mark Sanford

/ Jack Marshall / 34 Comments
You'll never know if this movie is still playing in the Mark Sanford Head Multiplex...

You’ll never know if this movie is still playing in the Mark Sanford Head Multiplex…

When Mark Sanford was last entrusted with high elected office in South Carolina, he…

  • Carried on a clandestine adulterous affair with a South American “soul mate” when he was supposed to be serving as the governor of the state,
  • Went AWOL from the state and his duties, telling aides that he was “hiking” in South America when he was really doing something very different in Argentina,
  • Used official funds to pay for his personal affair,
  • Lied about it,
  • Humiliated his wife and family while embarrassing South Carolina and his party, and
  • Was censored by the state legislature.

Now, displaying a level of gall only politicians and Hollywood actors can achieve, Sanford is back seeking office in South Carolina, running for the open seat in its 1st Congressional District. His strategy appears to be that old stand-by of the habitual miscreant, evoking the virtue of forgiveness and redemption, as well as suggesting that God wouldn’t rule out voting for him. In his first TV ad, Sanford says that he has learned about a “God of second chances.” Continue reading →

Judge Ken Anderson: A Judge With An Ethical Obligation To Resign

/ Jack Marshall / 21 Comments
Ken Anderson

Regret isn’t enough.

Ken Anderson has been a Williamson County (Texas) district judge since 2002, but in 1987  he was the district attorney who prosecuted Michael Morton for fatally beating his wife to death. Morton was convicted and served 25 years in prison before DNA tests proved he was innocent. (This is yet another triumph of The Innocence Project.) Another man has been arrested for the murder of Morton’s wife Christine, as well as a second woman he allegedly killed in similar fashion while Morton was behind bars.

Last week, a five day hearing examined Judge Anderson regarding his conduct in the case, in a special court of inquiry to determine whether he engaged in criminal wrongdoing as well as unethical prosecution. Among the questions raised was why Anderson never divulged to Morton’s defense team a police report that Morton’s neighbors had said that they saw a suspicious man walking into the woods behind the Morton home shortly before the murder, and why Morton’s three-year-old son’s statement that “a monster,” not his father, beat the child’s mother to death was similarly withheld. On the stand enduring five hours of questioning, a tearful Anderson could only say that he didn’t remember not turning over the evidence to the defense, while defense attorneys adamantly insisted that they never received it. The hearing also revealed that Anderson kept his lead investigator from testifying at trial, when his testimony would have ensured that the child’s statement and the report about the stranger were raised in court, as well as allowing defense attorneys to cross-examine the investigator regarding his peculiar theory of the case.The theory, which was subsequently endorsed by DA Anderson, was that Morton become homicidal after his wife fell asleep when he sought to have sex with her, and donned his scuba wet suit so his son wouldn’t know it was him beating her to death. Continue reading →