Professions

Marco Rubio Better Have An Explanation For This Unethical Statement Other Than The Obvious Ones

/ Jack Marshall / 8 Comments
Seen on Sen. Rubio's Senate office door...

Seen on Sen. Rubio’s Senate office door…

The obvious ones would be:

  • Because I can.
  • Because I lack integrity.
  • Because I’m as immature as I look.

I can’t make the Rubio quote making the rounds this morning an Ethics Alarms “Unethical Quote of the Month,” because it occurred, we are told by the Washington Post, on the evening of September 18 during the last Republican candidates’ debate. Why didn’t I pick up on Rubio’s statement then? I don’t know: no one else did either, based on a Google search.  I guess when there are 11 GOP candidates embarrassing themselves and their party seriatim (By the way, did you know that the WordPress spellcheck program says that the word I wanted to type there is “Maserati’?), it’s easy to miss a few outrageous statements.

Anyway,here is what Sen. Rubio said, however, after being chided by Donald Trump for missing so many Senate votes:

“That’s why I’m missing votes. Because I am leaving the Senate. I am not running for reelection.”

The front page Washington Post story says that Rubio is frustrated with the unresponsiveness of the U.S. Senate to his attempted leadership:

Marco Rubio is a U.S. senator. And he just can’t stand it anymore.

“I don’t know that ‘hate’ is the right word,” Rubio said in an interview. “I’m frustrated.”

This year, as Rubio runs for president, he has cast the Senate — the very place that cemented him as a national politician — as a place he’s given up on, after less than one term. It’s too slow. Too rule-bound. So Rubio, 44, has decided not to run for his seat again. It’s the White House or bust…Rubio had arrived at one of the least ambitious moments in Senate history and saw many of his ideas fizzle. Democrats killed his debt-cutting plans. Republicans killed his immigration reform. The two parties actually came together to kill his AGREE Act, a small-bore, hands-across-the-aisle bill that Rubio had designed just to get a win on something.

Now, he’s done. “He hates it,” a longtime friend from Florida said, speaking anonymously to say what Rubio would not.

So Rubio is missing votes in the Senate because he hates his job?

That’s not exactly indicative of trustworthy character, not just for national leadership but for any position, including busboy. He ran for the job, got it, is being paid for it, and if it isn’t as much fun or as rewarding as he thought it would be, tough. Rubio still has an obligation to fulfill his duties as best he can. Who gets to goof off at work because he or she doesn’t like a job or is “frustrated”? Just Marco Rubio, it seems. Leaders have to be role-models and ethical exemplars. Rubio is modelling the “stop doing the job if you’re not good at it but still collect your paycheck” approach to the workplace. Who does he think he is?

Barack Obama? Continue reading →

Ethics Corrupter Weekend, Part IV. How To Make A Trump

/ Jack Marshall / 6 Comments
"I could only give you a B. If you want an A, you'll need to apply yourself..."

“I could only give you a B. If you want an A, you’ll need to apply yourself…”

Former Pennsylvania high school teacher Wesley Amy was convicted last week of changing the grades of female students in exchange for their nude pictures.

Amy was a State College High School teacher before he was charged with corruption of minors. Three female students testified that their teacher allowed them to cut classes and gave them high grades for no work as long as sent him nude photos. What a deal.

The arrangement was discovered when another teacher testified that when she took over Amy’s class, she found that some of the female students were receiving good grades without doing any documented work. The fact that this kind of untrustworthy species of teacher (and human being) flourishes in our schools is not news any more, but this is more sinister in some respects than the run-of-the-mill Mary Kay LeTourneau. Wesley Amy was still teaching these students; he was teaching them the sleazy ways of corruption, quid pro quo, short-cuts and fakery. Why should they care if their perv teacher gets off on their selfies? They’re getting great grades, and as their corrupting parents and others keep telling them, it’s not the education that matters, it’s the grades and the diploma. What’s the matter with this arrangement? Nothing, in their eyes. Listen to Donald Trump, the GOP front-runner, talk about how people do what you want them to do in you make it worth their while. They have, thanks to Mr. Amy, learned that corruption and bribery pays.

The prosecutor says the girls were brave to testify under the circumstances. What was brave about it? What would have been brave, and what would have proved that the previous decade of public schooling, not to mention the guidance of their parents, left them with at least the seed of understanding right from wrong, would be if they had reported their teacher’s offer five minutes after it was made.

They didn’t, though.

It was too good a deal to pass up.

___________________

Graphic: Riverfront Times

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

As Ethics Corrupters Run Amuck, Ethics Alarms Presents “Ethics Corrupter Weekend”! Part I: “Truth” Is False

/ Jack Marshall / 34 Comments

Truth

“Truth” is in theaters now, and reportedly bombing. As soon as I learned about the source of the film (disgraced ex-CBC producer Mary Mapes’ memoir, “Truth and Duty: The Press, the President, and the Privilege of Power”) and its plot, I resolved not to watch it, as I would just end up walking out of it. Nonetheless, the fact that Robert Redford is connected with the project is profoundly disappointing. Redford is the ultimate Hollywood liberal, but his films have often been about ethics, and I regard him, or perhaps past tense is more appropriate, as having principles and integrity. True: actors need not agree with or endorse their roles or the projects of others, but Redford is unusual: he lends credibility to any project he allows to carry his name.

Connecting his name to “Truth” is a betrayal. The film makes martyrs of Mapes and Dan Rather, who attempted to tilt the 2004 election by smearing George Bush, without evidence, on “60 Minutes.” Not only was this a political hit job by biased journalists, it was one tainted by intentionally manufactured evidence. Mapes and Rather presented a forged document alleging that Bush went AWOL during his Texas Air National Guard service in the early 1970s. It was all the pair had that went beyond hearsay to make the allegation, and after the document was decisively shown to be a forgery (its font wasn’t available on the typewriter that had to have been used to make the original document.) Once the forgery was discovered by an enterprising blogger and confirmed by multiple document specialists. Rather and Mapes embarked on a rationalization orgy. Rather, to his undying shame, repeated his defenders’ argument that the forgery as “fake but accurate,” and does to this day, in essence rejecting journalism ethics wholesale. So determined was he to prove what he believed to be true but couldn’t prove fairly or ethically that he cheated, playing dishonest political operative to achieve worthy partisan goals “by any means necessary.”

Bias makes us stupid, and in this case, bias made Dan Rather corrupt.

AND stupid. Continue reading →

Beating The Naked Teacher Principle: The Provocatively Clad Bodybuilding Teacher Principle.

/ Jack Marshall / 8 Comments

min jensen

It is important to remember that the The Naked Teacher Principle   doesn’t state that pre-college teachers who allow themselves to be seen on the internet in states of undress likely to arouse the lust of their students should and must be fired—though most of them should be—but that they have no legitimate complaint if they are. Teachers who must command respect, serve as role models, and of course, teach, should not permit themselves to become pin-ups and peep-show stars for their students. At very least, they owe their employers and their students’ parents advance notice.

Mindy Jensen, a Utah middle school teacher,  has a second (or perhaps first) career as a bikini model and fitness competitor. She came under the  cloud of The Naked Teacher Principle the usual way: a student was surfing the web and cried out: “Holy crap! That’s my teacher, and she’s HOT!”  The news (and images) spread around the community and student body quickly. Parents called the Instagram photos “pornographic” and demanded that Jensen be dismissed. The school gave her an ultimatum: take down the photos, make her account private, or get sacked.

Jensen made the Instagram account private, then changed her mind. . Explaining her decision, Jensen told ABC Utah,  “Why am I taking this picture off, I get comments and messages that it’s inspirational to them and these women like my story. If I put it to private, it’s not going to reach these people that might need and understand me.”

The school has since backed down,  opting instead to hold training sessions for  parents on teaching kid to be careful on the Web—you know, like avoiding hot photos of their teachers. (Good luck with THAT.)

I think several features of this episode on The Naked Teacher Principle spectrum led to this result. In 2014, in this post about whether the NTP applies to non-teaching bodybuilding mothers, I raised the issue of bodybuilding teachers on the web, and posited this photo as an example for discussion: Continue reading →

“The Good Wife” Jumps The Ethics Shark

/ Jack Marshall / 8 Comments

jumping the shark

I saw this coming several seasons ago- that the once ethically challenging CBS legal drama “The Good Wife” was on the way to strapping on Fonzie’s old water skis and jumping the old Ethics Shark. Sure enough, after being able to watch the show irregularly and being either confused or disappointed when I did, I finally got a chance to watch an entire episode last night. The Shark has been officially jumped and TGW is no longer bothering to check with its legal ethics consultants. This is known as “The David Kelley Syndrome,” as all of that producer’s legal dramas, “The Practice,” “Ally McBeal,” “Boston Legal,” etc, begin plausibly and end up in the Legal Ethics Twilight Zone as the writers run out of ideas.

In last night’s episode, “Cooked,” Good Wife Alicia’s defendant was charged with making GHB. He claims innocence because he wasn’t making authentic GHB, but a GHB-like substance,without the same chemical compound as GHB itself and thus less dangerous.  Alicia explains the law to him, which is that he would be better off if his intent was to make GHB but he  ended up with the pseudo GSB by mistake, instead of successfully making the possibly illegal GHB-like drug intentionally.  She says that he needs to be clear which he did, and tells him to tell the truth.

This is the common, much criticized defense lawyer tactic called “The Lecture” in the novel “Anatomy of A Murder.”  A lawyer is bound to explain the law to his or her client, and that sometimes means educating a client regarding how to “remember” what happened.

Then Alicia discovers that her defendant isn’t who he claims to be. He’s an FBI agent, and he’s part of an FBI sting to prove the judge in the case is taking bribes. She says she’s going to tell the judge about his false identity (and also that the charges were fake) so he tells her and that if she blows his cover, he’ll tell the judge that she suborned perjury by  giving “The Lecture.” She backs off, and agrees not to tell the judge.

Suspend her.

1. If she has a personal interest (Rule 1.7) that conflicts with her duty to protect client confidences (Rule 1.6), like her conflicting duty as an officer of the court to report a fraud on the court, a.k.a. THE WHOLE CASE, then the least she must do is withdraw under Rule 1.16. Continue reading →

How Can This Be Unethical, When All Lawyers Are Whores Anyway?

/ Jack Marshall / 6 Comments

(I just wanted to get this joke out of the way right at the start.)

"Need a lawyer? Here's my card..."

“Need a lawyer? Here’s my card…”

Well, we have read about all sorts of unusual lawyer avocations in Ethics Alarms—the dominatrix lawyer, the hypnotist lawyer, the superhero lawyer, the illegal immigrant lawyer, ethicist lawyer—but I didn’t expect to see this one in my home state.

An already suspended Massachusetts lawyer,  Karen Andrade, has been charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services. Using the name of “Rose,” Andrade frequently hosted middle-aged men her home, prompting the neighbor’s complaint. One of the men told police that he paid Andrade $150 for sex.

Observations:

  • I knew the legal profession was in a slump, but I never thought it was this bad.
  • Yes, this is an ethics violation. It is breaking the law, assuming she is found guilty.
  • Hooking calls her honesty and trustworthiness into question only because it is illegal. Would she have legal ethics problems if she were a Nevada lawyer, and no law was violated? I don’t think so. Back in 2007, I wrote about Traci Bryant, a.k.a.Anita Cannibal, the porn star who worked her way through law school at a legal house of prostitution. I conclude that if the activity is legal, nothing about prostitution appears to violate legal ethics.

See why I made that joke before you could?

 

My Reply To Eric Turkewitz’s Criticism Regarding “The Worst Aunt Ever”

/ Jack Marshall / 71 Comments
This guy would have given The Bad Aunt the right advice...

This guy would have given The Bad Aunt the right advice…

Eric Turkewitz is a New York trial attorney, by all accounts a terrific lawyer, by the evidence of his writing an ethical and astute one, in our brief encounters a very nice guy, and the proprietor of “The New York Personal Injury Law Blog.” In a recent post, he defends the decision of Jennifer Connell to sue her young nephew for a four-year old injury she received when he hugged her too enthusiastically at her birthday party. He notes, correctly, that the decision to sue was based on the client accepting a “bad call” by her lawyer. He also includes a lot of information not mentioned in the early posts on the matter, including mine. Still, he defends Connell. He also specifically criticizes my post. Eric writes,

And this is from Jack Marshall, who says he actually teaches ethics and has a blog called Ethics Alarms (coded “no follow“):

“What’s going on is that Aunt Jennifer is pure hellspawn, a mysteriously animated pile of human excrement that embodies the worst of humanity.”

This is what happens when people elect to post stuff on the web based on an initial news report that was, shall we say, very selective on what it chose to report. This site is getting quite a bit of traffic, most likely from many who never knew it existed. So let me answer a question some of you may have: Yes, I know what it’s like to be on the receiving end of lawsuits, and they weren’t nearly as benign as this run-of-the-mill kind: On Suing and Being Sued.

Yes, I “actually teach ethics,” and I could, in fact, teach Eric some things that he would find useful and enlightening. I’m not going to get in a pissing match with him, in part because, as I learned from another tiff four years ago (in which I was wrong, and duly apologized), he has some very, very nasty pals, and I don’t want to throw blood in the water. This is, however, an excellent example of how lawyers often end up seeing the world, and in fact I may use his post, unattributed, in seminars to show where legal ethics and ethics diverge. It is wise for lawyers to be atuned to both.

Here was the response I made to Eric on his blog: Continue reading →

From The Ethics Alarms Double Standard Files: So Apparently A Black Professor Can Be As Racist As She Wants Without Consequences, Correct?

/ Jack Marshall / 23 Comments
Don't racist professors teach students racism? Just curious...

Don’t racist professors teach students racism? Just curious…

Unqualified GOP Presidential hopeful Ben Carson made one of his most reasonable statements when he defended the right of NASCAR fans to fly Confederate flags during races. Well of course he did, since this is the United States and we have a First Amendment. Except to the most ignorant members of the censorious left, this is literally a no-brainer: even brainless Americans should know better than to argue that flying any flag on private property should be prevented by law.

Ah, but special dispensation is due to racist African American progressive bullies. Thus is is that University of Pennsylvania religious studies professor Anthea Butler, wrote “If only there was a ‘coon of the year’ award …” when responding to a Daily Beast editor’s  tweet containing a link to a Sports Illustrated article on the issue.

Nice. This is per se denigrating Carson based on race, an ad hominem attack and beyond ugly and irresponsible. Sure, Butler has the same right to say what she wants as anyone, except when it reflects on her employer and suggests, as this tweet does, that she cannot be trusted to teach. Is any African American student who dares to question her political correctness orthodoxy risking being called a “coon” by this woman? I’d say so. She is validating racist rhetoric and modelling intimidation for her students and more importantly, the University of Pennsylvania’s students. Is it competent and responsible to employ such a woman? No. Is this within the acceptable range of “academic freedom”? Denigration on the basis of color? I want to hear a university spokesperson admit that, and then to stand up for the first white student who calls the professor a “coon.” Continue reading →

KABOOM! Justice Sonia Sotomayor Is A Supreme Ethics Dunce

/ Jack Marshall / 19 Comments

HeadExplode3

Sonia Sotomayor is far from my favorite Supreme Court Justice, as she is the court’s most vocal advocate for pro-minority discrimination and a practitioner of touchy-feely law. Still, I assumed she had integrity, or at least my skull did,  because it exploded all over the place when it learned the truth.

Federal employment law forbids employers from having unpaid positions unless they meet stringent requirements of providing genuine educational experience to such workers while not personally (as opposed to professionally) benefiting from their services. Nevertheless, Sotomayor has used  unpaid interns as her servants —not law clerks or researchers, but servants—since 2010. Continue reading →

Ethics Dunce: The Ninth Circuit Court Of Appeals

/ Jack Marshall / 11 Comments
The unethical prosecutor in US v, Flores. Watch out for her!

The unethical prosecutor in State v. Flores. Watch out for her!

It’s always heartening to see a court cite the 1935 Supreme Court case of  Berger v. United States, 295 U.S. 78, (1935), famous in legal ethics circles for its ringing statement that government lawyers must understand that their obligation “in a criminal prosecution is not that it shall win . . . , but that justice shall be done.”  The principle has been extended by some judges to civil cases as well, making the point that the government in any legal dispute should be interested only in the best interests of citizens and getting the case right. It is less heartening when the cite is in a dissent, as in this case.

The Ninth Circuit, reviewing a conviction for illegal drug importation, conceded that the prosecutor crossed into unethical territory by misstating the law,misstating the defendant’s testimony, and improperly vouching for a witness. Nonetheless, the court in State v. Flores concluded that this misconduct didn’t rise to the level of “plain error,” meaning that the defendant would have been found guilty anyway:

“In sum, while the government misrepresented Flores’s testimony and misstated the law on multiple occasions, in the context of the trial as a whole, it is unlikely that the jury was misled about the law or the facts.”

That’s right: the government misrepresented facts and law, but the jury was probably not misled. Continue reading →