When Ethics Alarms Don’t Ring:

Josselyn Berry, Arizona governor Katie Hobbs’s press secretary, was somehow moved to tweet this…

…just days after a transgender former student went into a Christian school and shot six people dead, including three nine-year-olds. But hey, that should teach anyone who criticizes pro-trans mania to watch what they say, right?

First Berry shuttered her Twitter account, then she resigned.

A few observations:

  • I continue to find it fascinating that the same party that flogs the talking point that conservatives peddle hate and incite violence constantly does things like this. Here, for example, is Minnesota’s Lt. Governor Peggy Flanagan:

Nice! Funny, I would argue that kids need to be protected from adults trying to convince them that they need puberty blockers and other life-altering treatments that should be hidden from their parents, but I wouldn’t use a knife to do it.

  • In addition to the other things wrong with Berry’s tweet, it’s spectacularly bad timing to condemn “transphobia” after a trans individual has gone on a killing spree.
  • This is exactly the kind of tweet Twitter should just leave out there. It’s useful to know what such tweeters are really like, especially when an elected official employs them.

The Return Of The Naked Teacher Principle!

Has it really been so long? Ethics Alarms hasn’t had a Naked Teacher Principle outbreak in more than three years! Oh, we’ve had related ethics tales of a naked Congresswoman (Katie Hill), a Santa in a MAGA hat, a naked ex-Miss Kentucky teacher who’s an idiot. a too-sexy firefighter scandal, the unfairly fired naked nurse, and this year’s ridiculous Cross-Dressing Future Congressman Principle  involving ex-GOP House member Madison Cawthorne. No authentic Naked Teacher Principle (NTP), however, which states that a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.

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Ethics Alarms Encore: “Possessed Lawyer Ethics”

The best legal ethics story I have ever heard and probably ever will hear arose in Arizona in 2010. I have regaled CLE seminars with it many times since, and it is ever green. After I mentioned the case again today at a Federal Bar convention program, I found myself wondering if I had ever posted about the weird episode on Ethics Alarms. Indeed I had, but it was way back in September of 2010.Here’s how long ago that was: Instagram didn’t yet exist, the statement that Donald Trump would be the next President might get you committed, and the only commenter on the post was “JJ,” whom I have completely forgotten.

Clearly, it’s time for an encore, so here it is, slightly expanded.

***

Is it unethical for a lawyer to claim she is possessed by a client’s dead wife?

This  question has been puzzling professional responsibility experts for decades. Okay, not really. In fact, surprisingly, it just doesn’t happen all that often. But in Arizona, a lawyer is now facing suspension for claiming that she was possessed by the spirit of a client’s dead wife, then lying about it under oath. The dead wife is being accused of illegal immigration.

OK, I made up that part, too.

Sorry.

The ABA Journal reports that the lawyer, Charna Johnson, began representing a client during his divorce proceedings. While the divorce was in process,  the client’s wife, who was fighting many demons even before she got in the possession business, committed suicide. Johnson then represented the husband in probate proceedings, but one day became convinced, according to her sworn testimony and that of two witnesses, that the client’s wife had possessed her, like that real demon, Pazuzu. Continue reading

Ethics Quote Of The Month: “Election 2020 Grassroots Canvas Report”

maricopa-county-election-center-20200826

“It is obvious to anyone that voting by mail is ripe for fraud. The US Mail is not meant to be a secure transactional system. We have all known since we were children that you don’t send cash through the mail –our voting rights are far more sacred than cash. Bipartisan and Democrat Voter studies and commissions have found vote-by-mail to have the highest risk of fraud1 and most first-world democracies, such as Germany, either ban Vote-by-Mail outright or place very heavy restrictions on its use. Banning Vote-by-mail is a very simple solution to a huge problem for our Country. We cannot give up our fundamental right to vote, upon which America was built, simply because we are too lazy to go cast a vote in person.”

—– Liz Harris, in the Executive Summary to the just issued “Maricopa County “Election 2020 Grassroots Canvass Report.”

An independent canvas of the 2020 election in Maricopa County claims to have found over 260,000 “lost” and “ghost” votes, according to a report released last week. This effort is independent of the audit being done by the state legislature, and was the work of the Voter Integrity Project, founded by Liz Harris. The canvas only visited about 12,000 voters in Maricopa county, so the estimates reported, frequently misleadingly, are extrapolations of the data actually obtained. The report is here.

What the group claims to have shown is that there were “an estimated” 173,104 “missing or lost” votes in a county that essentially gave the state’s electoral votes to Joe Biden. Of course, Donald Trump is crowing about this, and of course the mainstream media is ignoring the canvass as the work of crazy “Trumpists.” However, Harris’s opening statement to the report is, or should be, undeniable. Her assessment is identical to what others were saying before the election, in which Democrats in states across the country successfully used the combined hysteria over George Floyd’s death and the pandemic to push through relaxed voting procedures that were an open invitation to manipulation. Republicans and honest civil libertarians were caught flatfooted and were too late in reacting, so the election went forward with millions of mail-in ballots that changed hands untold times before being recorded (if they were recorded).

It was a fait accompli. There was no way to prove that the election had been “stolen” or even that a substantial number of votes had been changed, harvested, lost or faked, not in time to do anything about it. Faced with a rigged election—that it was rigged doesn’t mean it was stolen, but it was rigged—that resulted in a personal defeat, then-President Trump was obligated by his office, tradition and basic ethical principles of leadership and character to accept the results, allow a peaceful transfer of power, and allow others to determine what happened. But Trump posses no basic ethical principles of leadership and character, at least in sufficient quantity, so he claimed instead that he won the election, and even hired a bunch of incompetent lawyers to try to overturn the results without sufficient hard evidence to do so. (Now many of them are being disciplined by bars and courts.)

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A “I Must Be Missing Something” Ethics Quiz: Arizona’s Execution Option [Corrected]

gas chamber

Usually ethics quizzes on Ethics Alarms involve borderline ethics conflicts or dilemmas that I can’t make up my own mind about. Not this one: on this one: my mind is virtually made up. The arguments that the Arizona plan to use cyanide gas in future executions is an ethics outrage because of previous uses of cyanide gas seem contrived, emotional, and, frankly, weird, with no ethical validity whatsoever. But the intensity of these arguments make me wonder if I’m missing something, and Voilà! An Ethics Quiz!

The state of Arizona allows condemned inmates to choose the gas chamber, rather than lethal injection, if they committed a capital offense before November 23, 1992. Arizona’s attorney general, Mark Brnovich, is seeking to complete the execution of two men who committed murders before that date, and Arizona officials are reconditioning the state’s mothballed gas chamber in case they pick gas over a shot. Arizona authorities plan to use, if it comes to that, hydrogen cyanide to concoct the fatal agent of death. Cyanide gas is a particular gruesome way to die. It takes almost 20 minutes, in some cases, and this is a problem for some people.

Not for me: I find the obsession with making sure executions of the upper tier monsters who earn capitol punishment as pleasant as a spring day to be incomprehensible, and always have. We’re killing someone. It might hurt a little, and it won’t be pretty. An 18 minute judicially sanctioned death isn’t “cruel and unusual,” especially if the subject chose it. What I find cruel and unusual is the way our endless system of appeals dangles executions over the heads of Death Row inmates like a Sword of Damocles from Hell.

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Day After The Day After Updates And Observations On The 2020 Election

Thanksgiving hangover

1. I had written some time ago that the best possible outcome ethically would be a Trump landslide, and the worst would be a Trump win in the Electoral College while losing the popular vote. Somehow I missed the obvious worst scenario, which is what we are getting: a mega-2000 mess, with multiple states in doubt for various questionable factors, resulting in litigation by both sides, stretching on into December.

This was one more example of how the false and biased polls interfered with legitimate analysis.

2. I have frequently praised Richard Nixon for passing on the opportunity to challenge the results in Illinois, Texas and other states after the 1960 election, and saying that it was more important to respect the process and not throw an election into turmoil. Of course, based on what we know about Nixon. That may have been a ploy and virtue signaling: while there was certainly some voting shenanigans, notably in Richard Daley’s notoriously corrupt Chicago, Nixon maybe have been told that he would lose anyway, and that challenging the results would make it harder for him to come back and win in ’64 or ’68. Nonetheless, Nixon set the norm, and Al Gore broke it in 2000. Now it seems insane for a party to not to challenge a close election if there seems to be any question about the legitimacy of the result.

That shift is also a reflection of the widening chasm between the two parties. There wasn’t much difference philosophically between the Democrats and Republicans in 1960, nor between Nixon and Kennedy. (There wasn’t much difference between their ethical instincts either, but we didn’t know that at the time.) Today there is every reason to believe that for a party to just shrug off the possibility that a Presidency has been stolen in the best interests of the nation is a breach of duty and a betrayal of the public trust.

However, a party (like the Democrats since 2016) or a candidate (like Hillary Clinton) continuing to deny the results after they have been validated is unforgivable and destructive.

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Mid-Day Ethics Tidbits, 11/4/2020: Sort-Of Post-Election Edition, With Yummy NONE Election-Related Items!

1. Ay Caramba! Does anyone think that former Playboy model Eva Marie has a legitimate complaint because she was kicked off a Southwest flight along with her seven-year-old son for wearing this outfit on board?

Eva Marie

I don’t. She said she was “humiliated and embarrassed” when a Southwest Airlines flight attendant told her she couldn’t board looking like that. I don’t believe it for a second. She was seeking publicity. “When they threatened to remove me off the plane if I didn’t have a change of clothes, I felt completely humiliated, embarrassed and highly offended,” the Instagram influencer said of the incident. “I’m an A list member for SWA and have a credit card with the airline and I have perks that allow any person traveling with me to fly free because of my high status with the airline. So even as being a loyal customer with them, I felt like the other women on the plane were judging me based on my attire and they were saying my breasts are too large,” she added. “Well, that’s something I can’t help.”

No, you shameless jerk, they were judging you because you won’t observe even minimal social conventions, like not going out in public looking like a stripper mid-routine. If she is a “high status” member of the airline, then she is presumably aware that it has a dress code. It is overwhelmingly likely that she pulled this as a stunt to gain Instagram users  to “influence,” and exploited Southwest to do so.

The airline would be fair and reasonable to ban her from flying.

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Seeing Ethics In September, 9/1/2020…

1. Well, THAT’s an easy question! At St Xavier Catholic Church in NYC over the weekend, the priest asked his flock, : “Do you affirm that white privilege is unfair…will you commit to helping transform our church culture” and embrace “racial justice.”?

The answer, of course, is “‘Bye!” No one should accept partisan and racist talking points from the clergy. This is an abuse of power, trust and position.

I think I’ll watch “Spotlight” again…

2. In case you were wondering, Ethics Alarms will have nothing definitive to say about the Kyle Rittenhouse saga, and won’t until I read a trustworthy account of what really happened. There seems no question that the original mainstream news media narrative that this was a white supremacist gun nut hunting peaceful protesters is the MSM misbehaving again. The backlash characterization of Ritterhouse as a brave citizen protecting local businesses from rioters also seems overly convenient. The video available suggests an element of self-defense, but it seems clear to me that the kid irresponsibly placed himself in a perilous position while provoking members of a less-than-rational mob. In the situation he voluntarily placed himself, Ritterhouse was likely to be killed or kill somebody. He was also violating the law by carrying his weapon when he was underage. Of course, the failure of the Kenosha police and the state to keep minimally endurable order also added to the deadly conditions.

3. Hey, Coup Plan E, good to see you! Where have you been?

The 25th Amendment arguments have  been relatively scarce lately, although Maxine Waters mentioned it a week ago without referencing any disability. She appears to think that the Cabinet can just remove the elected President with a vote. My God, she’s such an idiot.

If the President had three strokes, he sure recovered quickly. And doesn’t it take astounding gall to try this chestnut again now, when the Democrats are running a candidate who could be legitimately removed by the 25th Amendment ten minutes after he took the oath of office? Continue reading

Ethics Observation On The Tempe, Arizona Starbucks Incident

Ethics Alarms does not endorse any organized boycott efforts against any product, business or organization. However, if any corporation is begging to be boycotted, it’s Starbucks…

In case you missed it:

On July 4th, six Tempe, Arizona police officers visited a local Starbucks to get some coffee. The officers paid for their beverages and stood together, sipping coffee and chatting. A barista approached one of the officers, whom she apparently knew by name because he is was a frequent customer, and informed him that a customer  currently in the store “did not feel safe” because of the police presence. She asked the officers to move out of the customer’s line of sight (!) or to leave entirely.

The officers  left, but apparently reported the incident to the Tempe Officers Association, which described the incident on Facebook and added,

This treatment of public safety workers could not be more disheartening. While the barista was polite, making such a request at all was offensive. Unfortunately, such treatment has become all too common in 2019. We know this is not a national policy at Starbucks Corporate and we look forward to working collaboratively with them on this important dialogue.

The Tempe Police put out their own statement:

Starbucks, proving at least that it has not completely lost its mind, quickly apologized to the  Department, with a representative meeting with the police chief.  The statement:

“When those officers entered the store and a customer raised a concern over their presence, they should have been welcomed and treated with dignity and the utmost respect by our partners (employees). Instead, they were made to feel unwelcome and disrespected, which is completely unacceptable,”

Observations: Continue reading

Saturday Morning Ethics Warm-Up, 7/6/2019: Of Nike, MAGA Hats, Plays, Principals And All Manner Of Idiocy

Good morning.

Commemorating one week without our Rugby, who shrugged off his canine coil Saturday last. It has been a weird and lachrymose seven days, full of reflex attempts to call him, look for him, start to out out food, and more. Worsts of all have been the chance encounters with our neighbors and his admirers, which have ended in everyone involved getting choked up. This is all exhausting, and not conducive at all to adequate focus on other matters.

1. The rest of the story...Marshae Jones, the woman who got her unborn child killed by starting a fistfight with a co-worker, will not be charged for the death of the fetus in the Alabama case I wrote about here.  I thought that would be the result. In the Ethics Alarms reader poll, over 50% felt that she should be charged:

2. Grandstanding idiot alert! Arizona Governor Doug Ducey received applause among those who do not appreciate gratuitous America-bashing and wokeness-groveling  when  he reacted to  Nike’s decision to pull its “Betsy Ross flag” sneakers (because Colin Kaepernick objected) by announcing that he would no longer support state incentives for the company to build  a plant in the Grand Canyon State. Two days later, Ducey arrived  at a 4th of July party wearing Nikes.

I wonder how he managed to forget to wear his Colin Kaepernick tee shirt?

3. Harry Truman’s best quote comes to mind. That would be, “It is amazing what you can accomplish if you do not care who gets the credit.”

Two British playwrights, Allen-Martin and Sarah Henley, have accused actor Idris Elba of misappropriating their work on  “Tree,” a play they worked on with Elba for several years. “Tree” will have its world premiere at the Manchester International Festival this month, but the aggrieved playwrights will not be at the premiere,

They complain that their role in the play’s development has been erased, and that their work is not being properly acknowledged. Elba and and the play’s director say Allen-Martin and  Henley withdrew from the project, and that the show that has evolved no longer reflects their work.

“This whole process has been terribly upsetting, and we’ve felt terrified about speaking out…People need to be better, especially people who inspire others,” the pair wrote  on Medium. Continue reading