appearance of impropriety

Ethics Dunces: At Least Two Dozen Federal Judges Who Don’t Get That “Appearance of Impropriety” Thingy

/ Jack Marshall / 5 Comments

I don’t have to exert myself much for this one…

Paul Caron reveals on his excellent Tax Prof Blog that a new report released today by Fix the Court documents how two dozen federal judges who teach at law schools went ahead and ruled in cases involving their law schools’ parent universities. Conflict? What conflict?

Multiple circuits (p. 12 in the report) and Judicial Conference policy (p. 11) have held that just because a judge teaches in one part of a university doesn’t mean that he or she will be biased in adjudicating a case in which that university is a party. Funny—most people, including most lawyers, would call this a slam dunk “appearance of impropriety” situation…because it is.

“This has conflict written all over it,” Fix the Court’s Gabe Roth said. “If you teach at a law school, and especially if the law school is paying you, you shouldn’t be sitting on cases involving the university that the law school is a part of. Even if a judge-adjunct professes, as several have, that the law school at which they teach is but ‘one small and virtually autonomous part’ of the university, a neutral observer who sees ‘OSU Law’ on a judge’s disclosure would be correct in imputing bias any time that judge presides over a case involving Ohio State University.”

That seems pretty obvious to me, but then I’m just an ethicist and spend way to much time pondering such matters.

The recent attacks on the U.S. Supreme Court for not having an enforceable code of conduct and ethics neatly distracts from the widespread corruption in the rest of the judiciary, as highlighted by the recent wave of partisan judges working with the Axis of Unethical Conduct to hamstring Trump Administration policies. Judges are more poorly trained in judicial ethics than lawyers are in legal ethics. Elected judges are partisan by design; too many judges are well-past their shelf life, and DEI mania since 2020 has loaded the judiciary with too many robed ones whose primary qualifications for the bench are immutable biological features.

The judiciary is yet another rotting institution that needs serious reform and fast—as if we didn’t have enough to worry about already.

About the “Appearance of Impropriety,” the Limits of “Deny, Deny, Deny,” and the Foolishness of Defying the Lessons of Michael Clayton

/ Jack Marshall / 3 Comments

Yes, ProPublica is generally a one-way-only ethics watchdog, but that way is still worth watching.

It is reporting that Senator Joni Ernst (R-Iowa), had a romantic relationship with a legislative affairs official for the Navy. According to two sources with knowledge of an inspector general’s nvestigation, this was not the GOP combat veteran’s only inappropriate relationship with military personnel. Earlier this year, the Air Force revealed that Maj. Gen. Christopher Finerty, who oversaw its lobbying before Congress, had inappropriate romantic relationships with five women, including three who worked on Capitol Hill. One of those, though the names in the report were redacted, was allegedly Ernst. Because the Senator is an influential voice in Congress regarding the Pentagon and she sits on the Senate’s Armed Services Committee which has a crucial role in setting its annual budget, these are troubling accounts.

ProPublica says that neither Ernst nor the two military officers were married at the time. Current Senate rules do not bar lawmakers from entering into romantic relationships with lobbyists or other legislative advocates, although why I don’t know. Nonetheless, government employees and officials, like judges, are supposed to avoid appearances of impropriety.” “Ethics experts say such relationships can create a conflict of interest,” ProPublica tells us. “A former legislative affairs official for the military” tells ProPublica that “From an ethics standpoint, [these relationships] are severely problematic.”

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Oh Yeah, Pro Sports’ Greedy Embrace of Legalized Gambling Is Really Going Well…

/ Jack Marshall / 5 Comments

In 2023, Ethics Alarms tersely predicted, regarding the full and loving embrace with which professional sports is snuggling up to online gambling, “This will not end well.” Ah, but there’s money to be made….so, for example, Major League Baseball allows Red Sox Hall of Famer David Ortiz to shill for one of the big online betting concerns during local game broadcasts. Not surprisingly, given that it is the most unethical of all sports organizations, the NFL had the first betting scandal under the new gluttony: In 2023, “Isaiah Rodgers and Rashod Berry of the Indianapolis Colts and free agent Demetrius Taylor were suspended indefinitely for betting on NFL games. Tennessee Titans offensive tackle Nicholas Petit-Frere was suspended six games for betting on other sports.

Next came the betting scandal involving baseball’s most famous star, pircher-slugger Shohei Ohtani, whose translator was caught illegally using the star’s name to pay off a bookie. But of course, there was, and is, more to come.

Toronto Raptors player Jontay Porter was banned from the NBA after an investigation last year found that Porter tipped off bettors about his health and then claimed illness to exit at least one game, creating wins for anyone who had bet on him to under-perform. Porter also gambled on NBA games in which he didn’t play, and once bet against his own team. Now another NBA player, Miami Heat guard Terry Rozier, is under investigation. He is suspected of manipulating his game performance “as part of an illegal sports betting scheme”when he was a member of the Charlotte Hornets.

Wait: pro athletes today make millions of dollars. The 1919 Black Sox scandal (Second mention today!) happened because the players involved were being exploited by their team’s owner and were barely able to feed their kids. Why would millionaire jocks ever get involved with gamblers?

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10 Ethics Observations on the White Judge’s Email

/ Jack Marshall / 7 Comments

Caroline Glennon-Goodman, a Cook County judge, shared a meme that depicts a smiling black boy and a black child’s leg with an electronic monitor on it, a fake ad for “My First Ankle Monitor.” The judge wrote “My husband’s idea of Christmas humor.” It was supposed to go to a friend, but she sent it to the wrong person, another judge ( #@!%^!& autofill!) Oopsie! That judge reported her and the post became public.

Glennon-Goodman has been reassigned by the Circuit Court’s Executive Committee, and ordered to undergo bias training and will face a state disciplinary investigation. The executive committee wrote that Glennon-Goodman’s alleged actions “may violate the Code of Judicial Conduct” and it said it was temporarily reassigning her and referring the matter to the Illinois Judicial Inquiry Board “to promote public confidence in the integrity and impartiality of the judiciary.”

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Justice Jackson’s Broadway Adventure: Double Ethics Standards…Again

/ Jack Marshall / 7 Comments

“Here come de judge!”

Above are some examples of SCOTUS Justice Ketanji Brown Jackson making a spectacle of herself in her Broadway turn last weekend in the musical “& Juliet,” a LGBTQ adaptation of William Shakespeare’s “Romeo & Juliet.” Jackson portrayed Queen Mab, described as a “she/her” character on a production poster, in two scenes written especially for her. “I just also think it’s very important to remind people that justices are human beings, that we have dreams, and that we are public servants,” Jackson told“CBS Mornings” prior to the performance. One of her dreams was apparently to be an actress, long ago. (She made the right choice going into law.)

Except that judges, and especially Supreme Court justices, don’t have the option of doing whatever they feel like or dream about, as least if they are conservative justices. All of the criticism of the Roberts Court in the past few years has been over alleged ethical violations by the Justices making up the 6-3 conservative majority. The Justices appointed by Democrats Obama and Biden are, of course, as pure as Ivory Soap. And yet…

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Ethics Dunces: U.S. Judicial Conference Committee on Financial Disclosure

/ Jack Marshall / 5 Comments

Problem: Judges getting adverse public scrutiny for not reporting potential conflicts of interest and avoiding the appearance of impropriety.

Solution: Lower the standards for conflicts of interest and the appearance of impropriety.

Problem solved!

Yecchh.

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Ethics Dunce, Redux: Justice Clarence Thomas

/ Jack Marshall / 2 Comments

In a new filing released today, Justice Clarence Thomas amended his financial disclosure for 2019 to note that he “inadvertently omitted” reporting two extravagant vacations paid for by conservative billionaire Harlan Crow, one to Indonesia and the other to the Bohemian Grove, an all-male retreat in northern California. Just slipped his mind! Hey, it could happen to anybody! Who hasn’t completely forgotten about a luxury trip they have enjoyed on the dime of a politically active tycoon? Heck, I know I just remembered one today, after I read this story. Well, it’s all better now; Thomas just retroactively corrected his lie of omission from five years ago.

Anyone who accepts this is ethically estopped from complaining about the White House editing Joe Biden’s blabberings to make him sound less like he belongs in a hospice.

Pro Publica correctly notes that last year, when these and other examples unusual largess from Crow—like paying for Thomas’s mother’s house—were revealed, Thomas’s “Justice Thomas’s lawyers issued a statement on the Justice’s behalf. saying that the allegations were untrue.

Like all lawyers, Supreme Court Justices are prohibited from lying in the course of their professional conduct. The prohibition on lawyer conduct is serious, but even more serious for judges, and extra-special, supercalifragilisticexpialidocious serious for the highest judges in the land.

Thomas is a disgrace, as I have said before.

But at least he never let his wife fly a 250-year-old historical flag that some idiots used to express their own political opinions…

Wow. The Trump-Deranged Media Hacks Are Still Flogging the Ridiculous Alito Flag Angle!

/ Jack Marshall / 8 Comments

Now this is desperation. The upside-down U.S. flag incident that the New York Times treated as a “scoop” three-and-a-half years after it took place started falling apart almost immediately, so then the Times concocted an even more attenuated flag-based theory that Justice Joseph Alito had signaled his approval of the January 6, 2021 rioting at the Capitol. In neither case was there any evidence that Alito flew the flags or was aware of their significance; he explained the incidents, but, see, because he’s a conservative SCOTUS Justice, the Axis just assumes he must be lying.

The fact that the second flag was used by Black Lives Matter more prominently than by the J-6 idiots? Never mind. That the same flag had been flying without incident for 50 years outside the City Hall of the wokiest city on the continent? So what? That the sainted Justice Ginsburg unambiguously signaled her conflict of interest regarding all things Trump with a symbolic protest she made explicit? That the attack on Alito had to rely on the pre-women’s liberation, anti-feminist theory that a husband is responsible for the conduct of his wife? Hey, this is the American Left of 2024: Double Standards and Hypocrisy Don’t Matter when you’re trying to save democracy! That the Washington Post reporter who investigated the Alito home’s fluttering distress symbol when it happened decided it was a proverbial nothingburger?

About that…. serial Ethics Alarms Ethics Dunce Eric Wemple, who is the Washington Post’s “media critic” these days, thus telling you all you need to know about the credibility of the Washington Post, was actually allowed to issue an op-ed yesterday condemning his own paper for its “deference to Justice Alito” handing “a scoop to the New York Times.” In this thing, Wemple really says that the Post ignored a “sizzling tip” in 2021. That there was a nautical distress signal flag flying over the Alito home was a sizzling tip! Sizzling! Yes, he really wrote that.

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I Love It! The Perfect Cap on the Unethical, Damning, “Let’s Get Alito!” Flag-Flying Fiasco!

/ Jack Marshall / 5 Comments

Oh, this is too good. If the Ethics God is responsible for this, she’s a genius.

You know that supposed “Stop the Steal”-connected flag that the Alito vacation home had flying over it briefly last summer? The flag that “proved” that the conservative Justice was either a serial mad flag-flyer who had engaged in “the appearance of impropriety” by showing his sympathies for the January 6 Capitol rioters twice, previously with an upside-down U.S. flag, or had wrongly “permitted” his wife to express such sentiments via flag twice, the first time almost four years ago? That flag?

That flag, the “Appeal to Heaven” flag, has been displayed along with other historic U.S. flags outside San Francisco’s City Hall for more than half a century. Along with 17 other flags representing different moments in American history, the flag favored by Mrs. Alito (of course the flag conspiracy purveyors are certain that the Supreme Court Justice is lying and that he is the real culprit, just because) appears in the Pavilion of American Flags in Civic Center Plaza.

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Final Ethics Observations on the Media’s Alito Flag Set-Up

/ Jack Marshall / 8 Comments

…the main one being that the distress signal is appropriate, because the Axis of Unethical Conduct proved with this fiasco that it is ruthless, shameless, untrustworthy, and will do anything in 2024 to mislead the public if it might mean a few extra votes for Democrats. Or maybe the main one is that your friendly neighborhood ethicist was right about this story from the very start, which is why Fredo asked to make another appearance as my spokesman.

And this, my friends, is why we can’t have nice things.

Or a functioning republic.

Let me not get to far ahead of myself. Right now, the whole, biased, corrupt, anti-Trump, anti-conservative, Biden-protecting propaganda-spewing mainstream news media, the third partner in the Ethics Alarms-dubbed Axis of Unethical Conduct (“the resistance,” and Desperate Democrats completing the troika) is doing a mass Jumbo (“Flags? What flags?”) regarding what was its favorite earth-shattering scandal a week ago. This sudden amnesia was brought on because the Washington Post, perhaps seeking to embarrass its old rival, effectively eviscerated the Times’ “Get Justice Alito!” scoop, which EA first discussed here, and subsequently here, here, and here. (Don’t make me describe it again: I was sick of it days ago.)

Two days ago, the Post revealed that it had known about the first flag episode more than three years ago and had decided that it wasn’t newsworthy (because, as the revealed facts showed clearly, it wasn’t). Now-retired SCOTUS reporter Robert Barnes traveled to the Alito’s home on January 20, 2021, the day of Joe Biden’s inauguration, to follow-up on an anonymous tip he had received from some Alito-hating asshole neighbor about the flag. After investigating, Barnes and the Post concluded there was no story, because the flag-raising appeared to be the work of Martha-Ann Alito, Alito’s wife, not the Justice, as part of her dispute with her neighbors.

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