Ethics Observations on the Walmart Ethics Train Wreck

An awful event that could have been avoided in many ways if even one of the key players had just behaved responsibly and ethically, or knew what behaving responsibly and ethically is…

Bert Atienza, 77, was shopping at Walmart with his wife after church a week ago when store a 17-year-old store employee rushed down the aisle narrowly missing Josephine Atienza with a cart. Bert sharply admonished the young woman, saying, “You almost hit my wife with your heavy cart, and you did not even say excuse me or apologize to her,” according to his wife in interviews after the event. The African- American staffer argued with him briefly and then tossed a can at the couple as they walked away. Minutes later Travis White and Erika Mitchell attacked Bert as their daughter, the reckless employee, watched according to store surveillance video. [Note: Accounts say they “allegedly” attacked him. It it’s on video, it happened, unless the claim is that the video is a “deep fake.” I hate that reflex news media characterization. (‘John Wilkes Booth allegedly shot Abraham Lincoln in Ford’s Theater in front of hundreds of witnesses…’) Even the attorney for White and Mitchell doesn’t dispute the attack].

The two parents shoved Atienza from the back, one punched him in the face, then they pushed him into the shelving unit. After he fell to the ground, as one of the attackers kicked him. “While he’s on the floor, they’re still kicking him and I told them stop. My husband has heart problems,” Josephine said.

Oh! We’re sorry, if we knew the 77-year-old man had heart problems, we never would have attacked him!

Bert Atienza lost consciousness before help arrived and he was rushed to a hospital where he died the next day. White and Mitchell were arrested days later and charged with second-degree murder. Their daughter (described as “no longer employed by Walmart”—ya think?) has also been charged with assault and battery, aggravated malicious wounding and conspiracy to commit a felony. Her name has not been released to the press because she is a minor.

Well! What a nice story! Let’s see..

Ethics Quiz: Robo-Bathrooms?

The Big Apple’s Communist, anti-Semitic Mayor Zohran Mamdani this week (yes, that kind of intro is called “poisoning the well,” and I don’t care) announced that the first two high-tech modular bathrooms (of 17) that the city ordered earlier this year from Throne Labs are now on city streets. The rest of the restrooms will come online soon.

Wait, what? How does a bathroom come “online” ? This is how: The new public toilets can only be accessed by texting a number via a smartphone or by using special tap cards, which will be distributed by non-profit organizations in the community. There is strict 10-minute time limit on the things. A speaker inside the room will announce via bot that pooping-time is running out. Next the desperate user will hear in English and Spanish, “Attention: Your use time has expired! The door is opening now!” Then the door will slide open, exposing the user to the world. If someone doesn’t vacate the robo-bathroom at that point, Throne Labs personnel will get an alert to investigate, and if, necessary, call the police.

This system is allegedly necessary because NYC, which no longer observes the “broken window theory” and will not arrest someone for relieving themselves in public, decided that the public urination problem was becoming…serious. But how many public pissers have smart phones?

When I told a friend about this innovation today, he said, “There’s got to be something unethical about that.“

Your Ethics Alarms Ethics Quiz of the Day:

Is it?

Incompetent Elected Official Of The Month: Rep. Nancy Mace (R-S.C.)

I was going to write about another one of the aspiring Incompetent Elected Officials (probably this idiot) but decided that a current incompetent in the House needs another call out. Yes, it’s Nancy Mace. Again.

Mace, in an interview with TMZ, called for Lindsay Clancy not only to be executed but publicly executed.

Incidentally, it’s also incompetent to agree to be interviewed by TMZ.

“Her children are dead, she should be dead too,” said Mace, a 48-year-old mother of two who was not in the courtroom and has no business shooting off her mouth about a criminal trial in which the accused is supposed to be fairly tried without public figures trying to sway the jury pools and render a verdict without evidence. “She should get the death penalty. It should be public. It should be a public execution.” She also said Clancy “deserves nothing less.”

Uh, Nancy? How does a public execution punish the condemned any more than any other execution? A public execution punishes the public and society, by lowering the standards of civilization to those of the 19th Century, or the Middle Ages. “It could be by firearm, it could be electric chair, I don’t really care,” this lunatic ranted. “She’s a serial killer” and such an execution would serve as a “warning to women everywhere — you don’t kill your kids.”

Can we get technical for a minute, not that Mace cares about little details like the law and vocabulary? Killing three people, adult or child, in the same incident is not a serial killing. I also don’t think an obviously disturbed, though not necessarily legally insane, woman is the correct vehicle for the “Don’t kill your kids” message. Now, public executions of serial killers of their unborn babies, women who have multiple abortions, would send that message, but it would be, you know, unconstitutional in multiple ways.

Also, several news sources, like this one, wrote that Clancy “allegedly” killed her three children. No, she did it, guys, there’s no dispute about it. There is no “allegedly.” Oh, and back to TMZ: do you know what that “news for dumb 15-year -olds” outlet took away from Mace’s interview? “Nancy Mace Uses Offensive Slur While Calling For Lindsay Clancy’s Public Execution.” Guess what the “slur” was?

“Retarded.” The Horror.

A Congresswoman calls for public executions, but what was really outrageous is that she used a politically incorrect term to do it.

Maybe Mace is competent enough to be a leader in this increasingly silly and ignorant country.

Confronting My Biases #31: Giggling Girls and Women

This is one of my biases that I am certain is completely justified, and I’m not giving it up. It also is linked to the recent posts about why the U.S. hasn’t yet had a female President.

I am involved in a project right now anchored by two qualified, smart women. However, much of the time when they make a suggestion or a decision, they giggle afterwards, often looking to each other for affirmation and getting a return giggle in response. This habit does not enhance their status, respect within the group, or perceived effectiveness, indeed quite the opposite. I have been observing this behavior, with alarm and disdain, for most of my life.

In my family, the women did not giggle, cackle, or feel it necessary to defuse their opinions with inappropriate laughter. As a result, I was puzzled when I started noticing the practice, which must be ancient: in the Gilbert and Sullivan operetta “The Mikado,” the “Three Little Maids from School” giggle to punctuate their famous song. For heaven’s sake, why?

One online forum on the question concluded that women giggle as “a natural physical and emotional response to nervousness, polite social easing, shared humor, or romantic attraction.” Giggling is a gender-based coping mechanism for anxiety, stress, or embarrassment; in short, it signals insecurity. I know that is my reaction to it: when a woman follows a statement with a giggle that isn’t a response to humor, I think that she isn’t confident and is girding herself for rejection.

Women have also been socialized from girlhood to think that the male of the species finds the rote light laughter appealing, in part because it sends a message of submissiveness and determination not to offend.

Boy, did the women in the Marshall family not share that theory.

In a Medium essay from 2023, Emma Radmilovic wrote of giggling in part,

I noticed myself doing it when I spoke to colleagues, friends, acquaintances…it was incessant.Then, I started noticing it in the women around me.

I have one friend who laughs loudly at the end of her sentences, but only when she’s trying to be assertive or make a point. The giggling obviously has the opposite effect, and leaves her listeners (me included) a bit confused. Is it supposed to be funny? Is she upset, or nervous, or confused, or all those things at once? It makes her sound more friendly, sure, but it robs her sentences of the intended effect…Somewhere along the line, my brain said — if you giggle at the end of sentences you will seem more likable! It will stop the end of your sentences from sounding harsh! It will cover any awkwardness or nervousness you feel! Oh, and you’ll sound like a complete weirdo, but that’s a small price to pay to come across as amiable surely?

…It reminds me of how many women feel the need to say sorry so often, or use too many exclamation points in communications to maintain a positive tone. Chalk it up to years of being told to be mindful about “how you come across.”

How giggling women “come across” to me is as lacking confidence and character, people trying to force themselves into roles where, deep down, they don’t believe they belong.

If you want your daughter to grow up to be President, teach her not to giggle. It won’t be enough all by itself, but its a start.

And The Lindsay Clancy Ethics Train Wreck Keeps Gathering Steam…

Ugh. The Lindsay Clancy Ethics Train Wreck is a particularly ugly one getting uglier by the minute.

We began with a triple child murder and the abortion-addled women who think the murderer is a heroic figure for showing why it’s a good thing to kill babies before they are born (so you don’t have to kill them later). Then we had jury misconduct, as it was revealed drip-drip-drip style by a series of individual juror interviews in which we learned that a nurse on the jury introduced her own expert testimony into the evidence ( forbidden), and that a lone juror holding out for a guilty verdict was wrongly targeted by the jury foreman to get him off the jury so the murderous mother could be acquitted.

I believe that while not a technical ethics violation, the judge reading the Foreman’s note in open court rather than only to the lawyers was irresponsible and incompetent. No one outside of the lawyers and the jurors needed to know what the impasse was, and the judge adding that detail made the Lone Juror a likely target.

Next, the defense attorney publicly vilified the hold-out juror. Prof. Turley correctly condemned that act by Attorney Kevin Reddington, but failed to mention that it was an ethics violation: Rule 8.4, “Misconduct” forbids Massachusetts lawyers from engaging “in conduct that is prejudicial to the administration of justice.”  Sending the message to future perspective jurors that they risk being publicly attacked and denigrated for doing their civic duty is potentially disastrous to the administration of justice. I’m a Massachusetts lawyer: I may file a complaint against Reddington. In fact, I will.

In the post-mistrial juror interviews, we had the moronic quote from one juror that she was shocked that the prosecutor didn’t show more “compassion” for the defendant (in a child murder case!) in his opening statement, and what may be the Unethical Quote of 2026 from another juror, that the holdout “had the hardest time getting off the fact that Lindsay viciously killed her children.”

Yet another juror seemed to say that a majority of the women on the jury were determined to acquit Clancy from the beginning of deliberations, and perhaps from the outset of the trial. She also seemed to suggest that she had been pressured to change her vote and didn’t have the integrity to stand up for what she believed…unlike the Lone Juror.

After the defense counsel’s ethics breach, Plymouth County District Attorney Timothy Cruz addressed the media and engaged in prosecutorial misconduct. He stated that the investigation did not establish postpartum depression as the cause of the killings, maintained that Clancy was in control of her actions and that first-degree murder charges remain justified. In response to suggestions that the state was being insensitive to postpartum mental health issues, Cruz said, “Insensitive is killing three children” and that the prosecution’s job is to give a voice to those “who can no longer speak for themselves.” He added that the evidence gathered in the investigation showed that Clancy made a “cruel and calculated” decision and was legally responsible for her actions during the homicides. Massachusetts Rule 3.8. “Special Duties of Prosecutors,” forbids prosecutors from “making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.”

I may file a complaint against Cruz, too.

[Oh: when I tried to find Mass. Rules of Professional Conduct 3.8 online, I got a message that said I was not authorized to view the page! Well, I guess that’s one way to avoid having your unethical prosecutors exposed…]

But wait! There’s more…

Reddington asked for the President to pardon Clancy. The President can’t pardon a defendant in a state prosecution, and as a lawyer, Reddington must know that. His plea was misleading grandstanding, and dishonest, designed to mislead the public.

I’ll add that to my ethics complaint.

And this, from Oprah…

By all means, white women shouldn’t be the only ones privileged to kill their children…

We also learned that from juror Paula Devlin on ‘CBS Mornings’ today that the Lone Juror who voted to find Clancy guilty of murdering her children was the sole black on the jury. Oprah’s gal-pal Gayle King, who has never displayed to me any particular talent or acumen justifying her position as a CBS morning hostess other than her relationship with O, was stunned:

King: A black man is the holdout juror?

Devlin: Yes.

King: Well, I have to sit with that for just a second.

Why does she have to sit with that for a second? Black men are not supposed to vote guilty in criminal trials? Black men are supposed to be sympathetic to child killers? Black men are supposed to bend to the will of white women?

9-11 Open Forum…

I have been given the ridiculous assignment of trying to produce a useful legal ethics presentation to lawyers association in 75 minutes this morning. On top of that, I can hardly ignore the metaphorical elephant in the room, the 25th anniversary of the attacks on the Twin Towers and the Pentagon, and yet the connection between that event and legal ethics is attenuated. The chief one is that lawyers who defended some of the alleged terrorists were and still are vilified in the conservative news media and by other ignorant critics.

Rule 1.2 (b):

(b) 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.

Anyway, I’m off to downtown D.C. in the rain. More posts when I get back, I promise…

Friday Open Forum, With Prompts…

I resist the temptation to emulate the less labor- (and thought) intensive blog formats of Instapundit and, much of the time, Althouse, which consist of posting a link and a brief comment, along with a substantial quote, followed by “Read it all.”

However, this is one of those weeks when I doubt my life choices that emphasized creativity and windmill-jousting over financial gain, because boy it would be great if I could devote full time to Ethics Alarms without ending up living in a cardboard box…

So while, as usual, the ethics issues battled out here on the Friday Forum are up to you, here are some links to content that might inspire you:

1. This op ed in the Times made my head explode, and it was so dishonest and partisan that an ethical newspaper would be obligated to reject. But this is the New York Times. Typical quote: “As Mr. Trump has pushed for partisan gerrymanders and a voter-suppression law like the SAVE America Act, we’ve seen strong voter turnout in races across the country.” Right. Trump’s at fault for the “partisan gerrymanders.” And partisan hacks like the author regard suppressing illegal voters as “voter-suppression”…

2. Former Labor Secretary Lori Chavez-DeRemer, who resigned in April, was not just engaging in inappropriate conduct with her staff (and one male member of her security detail in particular), but such flagrant violations of policy, rules and ethics that one has to question her mental stability. I wrote one post referencing her at the time, but the Axis news media soft-pedaled the story, probably because the scumbag in question was a Hispanic female. Three of the women appointed to Trump’s Cabinet had to resign in disgrace. The Inspector General’s report came out yesterday [Gift Link] Yikes. Typical quote from the Times piece:

“During a personal trip to Oregon, the report said, Ms. Chavez-DeRemer asked her driver to take her and the agent to a strip club. She also had the driver go inside with them and asked him to drop money from her purse onto a partially naked performer. When the driver hesitated, the senior agent told him to follow the secretary’s instructions; later, he told the driver not to tell anybody about the incident.”

Read it all.

3. The End is Near for the American Bar Association, writes conservative law professor Josh Blackman. Anyone who watched the disgraceful performance of the ABA’s DEI president being eviscerated by Rep. Gill for her evasive and disingenuous answers while testifying before Congress in July shouldn’t doubt Blackman’s analysis for a second. His article reports that the group is in full ideological capture by the Mad Left, and, as a result, is about to be stripped of its ability to confer accreditation on law schools.

Now do the Association of Professional Responsibility Lawyers….

There. That’s enough to get you going…

A Rueful Ethics Note on the Late Gloria Steinem

Gloria Steinem, the feminist icon, died yesterday at 92. She was undeniably an important historical and cultural figure whose impact on American society was significant and predominantly positive. I’ll leave it to others to discuss that.

However, she was also critical to my understanding of how people drift into unethical habits and conduct, as well as my epiphany regarding the rareness of integrity among public figures, activists and celebrities.

Before Bill Clinton was President, Gloria preached the doctrine of inequality of power in the workplace. A woman could not meaningfully consent to social, intimate or sexual relations with a male boss, because he had so much power over her career and welfare. Sexual relations between male superiors and women who report to them was, she said, without exception, illicit, improper, abusive, and constituted sexual misconduct by the man.

Then came Monica. Feminists considered Bill Clinton an ally: I remember the scene in the Oval office where Bill signed the Violence Against Women Act (VAWA) in 1994, handing out pens to jubilant leaders of the feminist movement. When it was beyond denying that Bill had sexually exploited a young female intern; however, Gloria suddenly dreamed up rationalizations to let Clinton, who was and probably still is a serial sexual predator, off the sexual harassment hook.

She did so with gusto, too, in a New York Times op-ed, stunning in its denial of her previous positions. True, she said, there was an apparent imbalance of power between a young White House intern and THE PRESIDENT OF THE UNITED STATES OF AMERICA, but “Whatever it was, her relationship with President Clinton has never been called unwelcome, coerced or other than something she sought. The power imbalance between them increased the index of suspicion, but there is no evidence to suggest that Ms. Lewinsky’s will was violated; quite the contrary.”

That was literally the opposite of what she had insisted was the standard before Clinton was useful to her movement. It was also the exact moment that I began thinking about how an objective ethical perspective was missing in our national discourse.

And the last time I cared what Gloria Steinem said or wrote about anything.

Shameless Self-Promotion Dept.: I Join An Effort To Show How Unethical E. Jean Carroll’s Lawyer Is

From the National Legal and Policy Center today:

The National Legal and Policy Center (NLPC) has filed an appeal of the rejection of its complaint against E. Jean Carroll’s attorney Roberta Kaplan by the Attorney Grievance Committee (AGC) of the New York Supreme Court.

On August 3, the Committee, or rather its Chief Attorney Jorge Dopico, who apparently serves as political gatekeeper, rejected the complaint alleging that Kaplan failed to inform the court or President Trump’s lawyers that Carroll falsely replied in October 2022 to a deposition question about whether anyone else was paying for her lawsuits against President Trump. Carroll replied “No” even though Kaplan knew that the suit was funded by an organization bankrolled by left-wing billionaire and Jeffrey Epstein associate Reid Hoffman.

As the complaint noted, “At that moment, Kaplan knew that answer was false but waited almost six months later until the eve of the trial to correct the record by informing opposing counsel and the court that Hoffman had funded the lawsuits”…

As an exhibit to the Request, Kamenar submitted an Expert Witness Report by noted ethics expert Jack Marshall of ProEthics. His Report concludes: “The deliberate failure of Attorney Roberta Kaplan to follow the requirements of the New York State Bar’s Rules of Professional Conduct was serious and substantial. It caused significant harm to her client’s adversary and the administration of justice in the case at issue, as any distortion of the relevant facts in any matter will. The record, in my expert opinion, demonstrates Ms. Kaplan’s lack of honesty, trustworthiness and competence, rendering her continued engagement in the practice of law to be a threat to the integrity and reputation of the legal profession.”

“If the committee does not reverse the summary dismissal of our complaint, it smacks of a coverup,” Kamenar told the Daily Signal

Readers here know my opinion of Ms. Kaplan’s ethics orientation. I would not publicize the fact that I was hired to issue an ethics opinion for a client, but this client chose to publicize it themselves.

You can read the NLPC appeal here. The original ethics complaint is here. Click here for my Expert Witness Report.

Eureka! Ethics Alarms Has An Original and Startling Solution To A Looming Mail-In Ballot Catastrophe!

The New York Times alerts us (yes, the episode was supposed to be in this post, but there wasn’t space):

“The rate at which mail votes have been rejected for arriving late has ticked up in primaries this year and general elections last year in roughly a dozen states, prompting election officials to worry that the U.S. Postal Service is ill-equipped to deliver ballots in the fall midterms.”

It adds,

“State officials say they worry about the Postal Service’s ability to deliver votes this fall. They are urging voters to mail their ballots early or use drop boxes so their votes count.”

Being disturbed at this revelation, I was hurled into an abyss of worry and concern for our democracy. What could be done to forestall this seemingly unavoidable disaster?

More:

The states studied by The New York Times include some of the most critical battleground House and Senate seats where control of Congress will be determined, as well as key races for governor and secretary of state. The Times obtained data from California, Colorado, Maine, Maryland, Michigan, Nebraska, New Jersey, Pennsylvania, Utah, Virginia, Wisconsin and Washington.

In Wisconsin, which hosts an open race for governor, a competitive House election plus contests for both chambers of the state legislature, lateness accounted for about 5,000 rejected mail ballots in the spring primary this year, or 78 percent of all tossed ballots. During the last spring election, in 2023, the figure was roughly 2,300, or 47 percent of all tossed votes.

The increase is particularly striking when comparing primaries in 2024 and this year. In Michigan’s primary earlier this month, more than 10,000 mail ballots were rejected for arriving after the state’s deadline of 8 p.m. on Election Day. That is nearly double the number of ballots rejected in 2024. In Washington, the number of late-arriving mail ballots increased from about 16,000 to more than 20,000 in the same period.

This terrible. I briefly considered hurling myself out of my office window, but then remembered that it was on the first floor. And then, in the depths of despond, while I pondered weak and weary, a sudden, astounding inspiration came to me like a thunderbolt out the blue!

Why not tell voters to actually go to a polling place and vote in person? It’s a perfect solution! Like so many other brilliant moments of perception, from gravity to the knock-knock joke, once someone says it, it seems so obvious and amazing that nobody came up with it long ago.

Thank you, thank you everyone. But I just happened to be the vessel. It was inevitable that someone would come up with the concept.

In person voting!

It’s so crazy, it just might work!