Professional Tip, Lawyers! It’s Unethical to Sexually Assault Opposing Counsel When the Judge Leaves The Room.

NOT the ethical way to “present a motion”…

New York has suspended  lawyer Lawrence Baker from the practice of law for two years after it was determined that he behaved unethically with a female opposing counsel after  a judge overseeing a pretrial conference in chambers left the room to attend to another matter. For his part, Baker only admits to engaging in inappropriate conversation and giving the women a “love tap” on the shoulder. Uh, well, it seems to have been a bit more than that. An investigation determined that Baker kissed the lawyer, plunged his hands down her blouse, fondled her, and, <cough>, exposed himself.

The technical term for this, in the ABA’s ethics rules, is “engaging in conduct prejudicial to the administration of justice.” 

The old gag about this kind of conduct was that the lawyer “presented his briefs” to opposing counsel.

The vernacular term for it is, “YIKES!”

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Source and Facts: ABA Journal

Graphic: Leer Centrum

The Reporter and the Diplomat: Anatomy of an Ethics Train Wreck

Gina Chon, who handled the Iraq beat for the Wall Street Journal, “quit under pressure,” a.k.a. “was fired”, yesterday after it had been discovered that she had carried on  a romantic affair with Brett McGurk, a high-placed American official, while both lived in Baghdad in 2008. McGurk was on the National Security Council staff during the Bush administration and has been nominated by President Obama to be ambassador to Iraq.  Chon was covering McGurk’s activities while she was also romantically engaged with him, a cardinal ethics sin for a journalist. She also shared “certain unpublished news articles” with him, also a violation of Journal policy and journalism ethics. The relationship had been hidden by Chon, and only came to light when racy e-mails between the two were revealed. Of course, the fact that they had recently divorced their respective spouses and married each other probably should have been a clue.

This is a full-fledged ethics train wreck, and it is not over yet.  Let us review the participants so far:

Typical of ETW’s, the coverage itself was ethically flawed. The Washington Post story about the Chon-McGurk affair appeared in the Post’s Style section, which covers media, entertainment, and gossip. McGurk is the current Obama administration nominee to be Ambassador to Iraq, a key post. This was the last line in the Style story:

“The disclosure has intensified doubts about McGurk’s nomination for ambassador among some Republican members of the Senate, but the Obama administration has stood by him.” Continue reading

Just What We Needed—An Ethically Clueless Prosecutor In The George Zimmerman Case

The monkey wrench in the gears of justice is named “Angel Corey”

It was evident from her initial statement on the case, however, that an ethically clueless prosecutor is what we, and Florida, and George Zimmerman got when Angela Corey was chosen for the job. Prof. Alan Dershowitz made a quick and accurate diagnosis of her problem on cable TV, and it apparently prompted Corey, ethically clueless as she is, to settle the matter by leaving no doubt. Dershowitz reports that Corey was so enraged by his calling her unethical and incompetent affidavit of probable cause to indict Zimmerman for murder as unethical and incompetent as it was that she has threatened to sue him and Harvard University. Dershowitz reports:

“State Attorney Angela Corey, the prosecutor in the George Zimmerman case, recently called the Dean of Harvard Law School to complain about my criticism of some of her actions. She was transferred to the Office of Communications and proceeded to engage in a 40-minute rant, during which she threatened to sue Harvard Law School, to try to get me disciplined by the Bar Association and to file charges against me for libel and slander.

“She said that because I work for Harvard and am identified as a professor she had the right to sue Harvard. When the communications official explained to her that I have a right to express my opinion as “a matter of academic freedom,” and that Harvard has no control over what I say, she did not seem to understand….”

This incident indicates that Corey also does not seem to understand the First Amendment and the Constitution, which  is a serious, indeed fatal, handicap for a prosecutor. It turns out that this ridiculous conduct—-a prosecutor trying to intimidate pundits by threatening to sue a legal analyst and law professor for criticizing her handling of a high-profile case—wasn’t even an aberration for Corey. Reporter Ron Littlepage writes:

Last December when I wrote a column critical of how she handled the Cristian Fernandez case, she fired off a two-page, single-spaced letter on official state attorney letterhead hinting at lawsuits for libel.…Then there’s Corey’s spat with Sandy D’Alemberte.

D’Alemberte is a former president of the American Bar Association, a former president of Florida State University and a law professor — not too shabby in the legal credentials department. When Corey was appointed to head up the investigation into the shooting death of Trayvon Martin by George Zimmerman, D’Alemberte had this to say: “I cannot imagine a worse choice for a prosecutor to serve in the Sanford case. There is nothing in Angela Corey’s background that suits her for the task, and she cannot command the respect of people who care about justice.” Earlier, D’Alemberte had criticized Corey in the Fernandez case. The reaction then: A public records request from her office to FSU seeking all emails, text messages and phone messages involving D’Alemberte related to Fernandez….”

This is beyond unprofessional, and reaches a level of shocking incompetence, arrogance, abuse of power and stupidity.

But wait! There’s more!  Law professor William Jacobson makes the perceptive legal ethics observation that Corey has created a conflict of interest for herself that raises the question of whether she should be removed from the case. He writes:

“Will she conduct the prosecution in such a way as to achieve justice, or to set herself up for a personal lawsuit against Dershowitz and Harvard?….  By threatening suit against a critic in the middle of the case, Corey has put her own financial interests at stake in the outcome and conduct of the prosecution. Florida has adopted American Bar Association Standards of Criminal Justice Relating to Prosecution Function.  ABA Standard 3-1.3 Conflicts of Interest provides in pertinent part:

(f) A prosecutor should not permit his or her professional judgment or obligations to be affected by his or her own political, financial, business, property, or personal interests.

I don’t think the question of Angela Corey having to step down as prosecutor in the case should even get to Prof. Jacobson’s issue, however. Her conduct in threatening critics, as well as her unethical probable cause affidavit and her blatant alliance with Trayvon Martin’s parents, trumpeted in her unethical press conference, makes it screamingly obvious that she shouldn’t be a prosecutor in this or any other case.

I’ll leave the final word to Prof. Dershowitz:

“…Her beef was that I criticized her for filing a misleading affidavit that willfully omitted all information about the injuries Zimmerman had sustained during the “struggle” it described. She denied that she had any obligation to include in the affidavit truthful material that was favorable to the defense. She insisted that she is entitled to submit what, in effect, were half truths in an affidavit of probable cause, so long as she subsequently provides the defense with exculpatory evidence.

“She should go back to law school, where she will learn that it is never appropriate to submit an affidavit that contains a half truth, because a half truth is regarded by the law as a lie, and anyone who submits an affidavit swears to tell the truth, the whole truth and nothing but the truth….The judge deciding whether there is probable cause to charge the defendant with second degree murder should not have been kept in the dark about physical evidence that is so critical to determining whether a homicide occurred, and if so, a homicide of what degree. By omitting this crucial evidence, Corey deliberately misled the court.

“…That’s not the way the system is supposed to work and that’s not the way prosecutors are supposed to act. That a prosecutor would hide behind the claim that she did not have an obligation to tell the whole truth until after the judge ruled on probable cause displays a kind of gamesmanship in which prosecutors should not engage…

“Even if Angela Corey’s actions were debatable, which I believe they were not, I certainly have the right, as a professor who has taught and practiced criminal law nearly 50 years, to express a contrary view. The idea that a prosecutor would threaten to sue someone who disagrees with her for libel and slander, to sue the university for which he works, and to try to get him disbarred, is the epitome of unprofessionalism.

“If Angela Corey doesn’t like the way freedom of expression operates in the United States, there are plenty of countries where truthful criticism of prosecutors and other government officials result in disbarment, defamation suits and even criminal charges.

“We do not want to become such a country.”

Indeed we don’t. But we seem to already be a country where a local incident is blown up into a racially-polarizing national event, with the assistance of race-hucksters, an inept and biased press, and irresponsible elected officials, including the President of the United States, who annoints the victim as his hypothetical offspring. Then, when the justice system is supposed to take over and sort out the facts and the law objectively, fairly and dispassionately, the case is placed in the hands of biased hack like Angela Corey.

That’s the kind of county we are, and that’s bad enough.

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Pointer: InstaPundit

Sources:

Graphic: Billerico

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 was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Ethics Quiz: Are Fake Dwarves Unethical?

Remember, Disney didn’t cast little people as the dwarfs either…he cast ink.

The advocacy group “Little People of America” is crying foul because the seven dwarves (or dwarfs, if you’re Walt Disney) in “Snow White and the Huntsman” were played not by real little people (who don’t like being called dwarves, just playing them for money) but by digitally-altered normal-sized actors.

A representative of the group told the gossip web site TMZ that the studios should be “casting people with dwarfism as characters that were specifically written to be played by little people … and other roles that would be open to people of short stature.”

Your Ethics Quiz of the Day: Do movie makers have an obligation to cast small people in small people’s roles? Is it unethical to use special effects to do avoid casting them? Continue reading

The Ethics of Bloomberg’s Soft Drink Ban

It’s a serious problem.”

“Something needs to be done.”

“This is a public health issue.”

The media defenses of New York Mayor Bloomberg’s controversial decision to ban the sale of large soft drink servings in New York City, and Bloomberg’s defense as well, set up a classic utilitarian argument for a government intrusion into personal choice and lifestyle. It is, simply, that the ends justify the means, and as we all know, sometimes they do.

Sometimes, however, those means sacrifice too much: lives, dignity, fairness, liberty, fun. Sometimes employing those means require crossing lines that have not been crossed before, opening the door to more and greater sacrifices that even advocates of the particular measure would find objectionable and wrong. This leads to the slippery slope dilemma, and invokes absolutism. Some things must never be considered as just means, no matter what the ends being sought may be. Immanuel Kant’s philosophy of absolutism declared that it was always wrong to use human beings against their wills to solve problems, no matter how great the problems are. The Declaration of Independence holds that a human being’s rights to life, liberty and the pursuit of happiness must never be breached by government. Continue reading

“Pass the Trash” Ethics

School superintendents included.

Nancy Sebring was hired to be the new Omaha, Nebraska school superintendent and was scheduled to move into her position on July 1, having been hired in April.  Meanwhile, she was finishing up as outgoing Superintendent of Schools in Des Moines, Iowa. When Sebring suddenly resigned her Iowa post, which she had held for six years, on May 10, she and Des Moines school board president Teree Caldwell-Johnson explained that Sebring had stepped down early so she could attend to pressing family affairs before moving to Nebraska.

The real reason, however, was that Sebring had resigned as an alternative to being fired. The school board had discovered that she had used the school’s computer system to send more than forty e-mails to a man with whom she was having an adulterous affair, many of them sexually explicit. The e-mail trail began shortly before she announced her new job, and continued until she was forced to resign. Now Omaha knows about the e-mails too, thanks to a newspaper report. Sebring’s new job has ended before it started, and Omaha is desperately behind in finding a school superintendent. Continue reading

Ethics Hero Emeritus: Harry Philo (1925-2012)

Harry Philo: Champion, Lawyer, Inspiration

A great man died last week, and yet unless you are member of his family or law firm, a trial lawyer, or one of the many people he helped over his long career, you probably never heard of him. There is barely a trace of Harry Philo on the Internet; Wikipedia has no page devoted to him, and a Google search turns up next to nothing. (It shows over 22 million links for a search on Kendall Jenner, who is Kim Kardashian’s little sister). Yet Harry Philo was a great man, and one of the things that was great about him was that he didn’t waste a lot of time seeking glory for himself. Continue reading

A Golden Rule Tutorial By Martin Short

Boy, Kathy Lee, are you lucky!

Visiting the late version of the Today Show to plug a film, actor/comedian Martin Short was not expecting to have to answer awkward questions about his wife, Nancy Dolman, who, after all, has been dead since she succumbed to ovarian cancer two years ago. Then again, he might have, since his host, the flighty Kathy Lee Gifford, could not reasonably be expected to uphold the basic standards of professional journalism, which include knowing whom you are interviewing and avoiding mortifying one’s guests. Sure enough, Gifford left her index cards to wax enthusiastic about her “good friend’s” marriage, as if she and the Shorts regularly hung out together. Kathy Lee said, “He and Nancy have one of the greatest marriages of anybody in show business. How many years now for you guys?” Short, who is a pro, managed to conceal his discomfort and pleasantly responded, “We … for 36 years.

Gifford then went into full Kathy Lee mode, which resembles a boa constrictor squeezing a goat.  “But you’re still, like, in love?” she asked. Short responded, “Madly, madly in love.” Continue reading

Unethical Quote of the Month: Howard Kurtz

“Brinkley’s book will undoubtedly tarnish the Cronkite legacy. But my admiration for the man is only partly diminished. Perhaps it is too easy to judge him by today’s standards, any more than we should condemn Thomas Jefferson for owning slaves. Perhaps he simply reflected his times, when some journalists and politicians quietly collaborated, when conflicts of interest were routinely tolerated, when a powerful media establishment could sweep its embarrassments under the rug. Cronkite thrived as television came of age, always protecting what we would now call his brand. That’s just the way it was.”

—-CNN good journalism watchdog Howard Kurtz, closing his review of the new Douglas Brinkley biography of Walter Cronkite, which shows that the legendary paragon of broadcast journalism was biased, often dishonest, and frequently conflicted.

No, no, no, no.

And that’s the way it wasn’t…

The “things were different then” excuse won’t fly as a defense of Cronkite, and shame on Howard Kurtz, who is supposed to stand for ethical journalism, for trying to rationalize the obvious conclusion demanded by Brinkley’s biography. That conclusion is that there was no Golden Age of TV journalism, and that rampant liberal bias infected the nightly broadcasts then as now, but we were too trusting and unsophisticated to realize it. Kurtz spends an entire book review extracting information Brinkley uncovered that proves Walter Cronkite’s image as an objective, incorruptible truth-teller was a lie, and then attempts to make the case that we shouldn’t judge him harshly.

Why? Because he was one of Kurtz’s heroes? Perry Mason made me want to be a lawyer, and it wasn’t until I became one that I realized that the fictional defense attorney was the sleaziest criminal lawyer this side “The Practice.” Tarnished heroes are part of growing up, Howard. Don’t pretend that journalistic ethics were different then…journalism schools were teaching objectivity, transparency, fairness, honesty and avoidance of conflicts of interest when Walter was saying “And that’s the way it is!” in a high soprano. Yet Brinkley shows that he… Continue reading

Lost: Our Incompetent, Arrogant, Unethical Public Schools

You know it’s time to homeschool when…the school nurse is named “Ratched.”

Today, blogger Glenn Reynolds wrote, “You know, I’m beginning to think that sending your kids to public schools is starting to look like parental malpractice.” On the way to the decision to home school my son, I reached the same conclusion years ago, and nearly every day brings more evidence to support the decision. Here, for example, are two recent news stories, one alarming, the other horrifying: Continue reading