The “Too Handsome To Rape” Defense

Sharper, Mathis, Ted Bundy.

Sharper, Mathis, Ted Bundy.

For whatever reason, there have been a lot of attacks on the legal profession lately—and some from within the legal profession—because of so-called “disgusting” and “frivolous” arguments by lawyers who are zealously representing their clients. These range from outrage over the so-called “affluenza” defense (which, it apparently does no good to point out, was explicitly rejected by the judge in that case), to the law suit against the Glendale, California memorial to women forced into sexual slavery by the Japanese in World War II, to the argument that Red Sox broadcaster Jerry Remy was complicit in his son’s allegedly murdering his girlfriend because Remy hired a lawyer who mounted a vigorous defense in the son’s earlier domestic abuse arrests.

Lawyers are ethically obligated to advance whatever non-frivolous arguments and theories that are most likely to achieve their clients’ objectives, whether it is avoiding prison or rationalizing the crimes of the Japanese army. That is their job and societal function, and it is essential to our avoiding a jack-boot system where any of us could be thrown in jail by popular opinion or government edict. The laws are there to be used by every citizen, even when the citizen’s objectives are unethical, or when the citizen is a cur.

Our rights are all protected well by this principle, and it’s high time we stopped bitching about it.

Undeterred by this, however, yet another defense attorney is being savaged in the news media and blogosphere, as well as by women’s rights advocates, for making an argument in defense of his client that they find offensive. In Georgia, Darriuos Mathis and his legal team are making the argument, among their efforts to show that the evidence against him is not sufficiently conclusive, that Mathis is too attractive--fit, handsome, sexy– to have to resort to kidnapping and raping a 24-year-old woman two years ago, which is what he charged with.

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Incompetent Elected Official Of The Month: Maricopa, Arizona Vice-Mayor Ed Farrell

The OnionWhat conduct definitively labels an elected official as incompetent, you ask? Well, opinions may differ, but I think we can all agree the publicly exposing yourself as uninformed, ignorant, and devoid of reading comprehension qualifies.

Meet Maricopa, Arizona Vice-Mayor Ed Farrell (D), who saluted the passing of anti-gay, military funeral-disrupting Fred Phelps, who tookleave of this homosexual-blighted world recently, by writing this on his Facebook page:

“We need more Fred Phelps in this world. May you rest in peace sir….This world needs to get back to the biblical standards that our God made for us. This guy was not afraid to preach it, and I respect that.”

To prove his point, Farrell linked to a satirical obituary in The Onion, believing it to be genuine. He believed this despite clues like the following:

“What Fred Phelps accomplished over the past 30 years—from a federal constitutional amendment limiting marriage to one man and one woman, to nationwide laws allowing businesses to turn away gay customers—makes him easily one of the most successful and monumental figures of the past century,” said biographer Michael Ammons, noting that depictions of gays and lesbians began to disappear from popular culture and the media as soon as Phelps began taking his powerful rallies against homosexuality from state to state. “Fred Phelps devoted his life to one goal, and he triumphed. This was an incredibly influential man who deserved all the attention he received. Think of the legacy he leaves behind: In the past three decades, homosexuality has become practically nonexistent in society.”

Wishful thinking, perhaps, on Farrell’s part?

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The Comfort Women Memorial Lawsuit: A “Disgusting” Legal Argument, Perhaps…Unethical, No

The Glendale Comfort Women Memorial

The Glendale Comfort Women Memorial

The large and respected law firm Mayer Brown has taken the ugly case of some Japanese-American clients who want the city of Glendale, California to remove a memorial to World War II “comfort women” from a public park. In doing so, and in the way it is proceeding, the firm has inspired harsh condemnation from two estimable legal commentators, both First Amendment champions: Marc Randazza, and Ken White. Their objections, which caused Randazza to call the firm “the least honorable law firm in the world,”and White to conclude, “This lawsuit is thoroughly contemptible. It should fail, and everyone involved should face severe social consequences,” are heartfelt, but, I think, misguided. Their argument, beside arguing that the lawsuit is frivolous, is best articulated by Randazza: Continue reading

Ethics Quiz: Rank The Unethical Politicians!

Three pols

For your first Ethics Alarms Ethics Quiz of the New Year:

Consider these unethical politicians from Florida, Texas and California…

Unethical Politician A:

California State Sen. Kevin de Leon (D-Los Angeles)

Ethics Failures:

Competence, Responsibility, Diligence

Explaining his proposed legislation SB808, dealing with “ghost guns” (that is, home-made weapons) at the California Capitol in Sacramento last week, de Leon held up such a firearm and said, “This right here has the ability with a .30-caliber clip to disperse with 30 bullets within half a second. Thirty magazine clip in half a second.”

This is genuine anti-gun gibberish that could not possibly be uttered with a straight face by anyone even slightly familiar with guns. There is no such thing as a “30-caliber clip;” he is referring to a 30-round magazine. (There is also no such thing as a “30 magazine clip.) “Caliber” refers the measurement of the width of a bullet or the internal diameter of a gun barrel, not what the magazine will hold. And the average rate of fire for a semi-automatic rifle, which is what he was holding, is about 120 rounds per minute, not 3,600 rounds per minute.

Why are legislators who don’t care enough about guns to educate themselves about what they are, how they work and what they are capable of doing, submitting legislation about guns? Because they just know guns are dangerous, and in their infantile, knee-jerk reasoning, that’s all they have to know. The rest is fakery: the legislator is pretending that he has sufficient expertise to be credible on the issue, when he is too lazy and arrogant to do the minimum study necessary to render him qualified to vote on gun regulations, much less author them.  This is the equivalent of a legislator who thinks babies are delivered by storks proposing abortion laws. Continue reading

Vote For The 2013 Curmie, Designating The Worst Of Misconduct In The Name Of Education

...and middle school, and elementary school....

…and middle school, and elementary school….

Over at Rick Jones’ Curmudgeon Central, the final nominees for his not-so-coveted 2013 Curmie Award are up, and the winner will be determined by the vote of Rick’s readers. The Curmies memorialize the worst in U.S. conduct by education professionals, and a revoltingly diverse group of miscreants he has assembled. I urge you all to drop by, read Rick’s commentary (and about some of the awful incidents that didn’t make the cut), and vote.

Only three of Rick’s final eight were covered on Ethics Alarms, and while I am confident that the ultimate winner is among them, I am now second guessing my editorial judgment. Rick’s blog is more education-centric than Ethics Alarms ( his work has filled the gap created when the excellent “No Tolerance” blog went down), but I’m trying to recall why I passed on the other six, particularly Alex Evans and his imaginary grenade, and the student suspended for disarming another student. I think I was getting so sick of post-Sandy Hook hysteria when the invisible grenade story came out that I just couldn’t write about another one just then. The other one…well, as Rick notes, there were some complicating factors, but I should have covered it. Luckily Rick Jones was on the case, and did his usual excellent job.

Here, with Rick’s descriptions and links to his commentary, are the nominees:

Principal Greer Phillips of PS 79 (the Horan School) in East Harlem for conducting a completely unannounced (to teachers, to the police…) lockdown drill less than a week after the horrors at Sandy Hook Elementary. In aggravation: outrageous timing and an incompetently run drill complete with contradictory instructions, but also the makeup of the student body (a high percentage of students with emotional or cognitive problems). In mitigation: I can’t think of a thing. [Ethics Alarms commentary here.]

Principal Valerie Lara-Black of Mary Blair Elementary School in Loveland, Colorado for suspending 2nd-grader Alex Evans for throwing an imaginary grenade into an equally imaginary box containing “something evil.” In aggravation: this is stupid behavior even if there’s something tangible. In mitigation: there’s probably some idiotic zero tolerance policy that purports to justify if not demand these flights of inanity.

Principal Tracey Perkins of Cypress Lake (FL) High School for suspending a 16-year-old student because he disarmed another student, a football player who was threatening a teammate with a loaded gun. You see, he was “involved in an incident in which a weapon was present.” In aggravation: apart from the sheer idiocy the charges, they were changed after the school started being (quite rightly) embarrassed by the publicity. In mitigation: it is possible that the boy was indeed uncooperative with the ensuing investigation.

Principal Carla Scuzzarella of North Andover (MA) High School for stripping Erin Cox from her volleyball team captaincy and suspending her for five games because she went by a party where there was alcohol long enough to drive a drunken friend home. In aggravation: the police statement makes it clear that Ms. Cox had not been drinking, and the policy manual makes a specific point about the folly of guilt by association. In mitigation: there are reports that she was at the party longer than it would have taken just to collect her friend.

Officials at Dietrich (ID) High School for reporting science teacher Tim McDaniel to the school board and the state professional standards commission, allegedly for using the word “vagina.” Yes, in a biology class. In aggravation: Mr. McDaniel seems to be being penalized for the precise reason that he was doing his job. In mitigation: it is unclear to what extent the school per se was responsible for the brouhaha, although they clearly did little to prevent it.

Batavia (IL) High School and their equally incompetent school board for punishing social studies teacher John Dryden. His crime? Reminding his students of their 5th amendment rights while distributing a survey that could indeed have led to self-incrimination. In aggravation: the survey, with students’ name on it, was a clear invasion of student privacy, motivated by the usual nannyish hogwash. In mitigation: Dryden did react without checking with school officials about the intents of the survey. [Ethics Alarms commentary here.]

The unnamed teacher at Boles Junior High in Arlington, Texas for pouring pencil shavings into the mouth of 8th-grader Marquis Jay, and to the authorities who cravenly gave her a slap on the wrist. In aggravation: you need aggravation??? In mitigation: the boy deserved some punishment—he was at best inattentive—and it seems to have been an unpremeditated and isolated incident. [Ethics Alarms commentary here.]

Principal John Hynes of Grace Brethren High School in Simi Valley, California for the completely unauthorized action of changing the grades of at least one student (possibly several, including his own daughter), and the spineless board who allowed him get by with little punishment. In aggravation: it’s a short step from what has been admitted to and what has been alleged, which would be an outrageous abuse of power. In mitigation: with the exception of the one case, the allegations come almost exclusively from a now-former teacher. This may not be the most objective of sources.

Jahi’s Plight: Why Death Panels Are Inevitable And Necessary If We Are Going To Pay For Each Other’s Health Care

death panels

Even while the Affordable Care Act debacle is mired in other problems, the “death panel” controversy lingers on, as conservatives exploit the public’s visceral reaction against an inevitable result of modern health care cost-sharing, and progressives dishonestly deny and ridicule the reality of that result, because it makes health care reform less attractive.

The case of Jahi McMath is instructive, if anyone bothers to consider its practical and ethical implications. Jahi, 13, underwent a tonsillectomy Dec. 9, and emerged from her post-op recovery legally dead, due to massive swelling in her brain. She was placed on a ventilator, and according to its policy, Children’s Hospital Oakland was preparing to take her off life support when the family strenuously objected. It petitioned a court to keep her technically alive so she could spend Christmas with them. An Alameda County judge Monday ordered hospital officials to keep Jahi on a ventilator until Dec. 30 while an independent neurologist reviews her case. Meanwhile, her mother told CNN and other local media that although she appreciates  the second opinion and court order, she will fight to keep her daughter on life-support as long as possible, saying,

“I’m her mother. I’m going to support her. It’s my job to do it. Any mother would do it. I just want her to have more time. There are so many stories of people waking up in her situation.” Continue reading

“When Will They Ever Learn?” Department: “Baby Emma” Déjà Vu

Preston and Baby Wyatt

Preston and Baby Wyatt

Once again, an unmarried father is trying to get the courts to award him custody of his child after the mother handed the child off to adoptive parents. This issue was recently examined by the U.S. Supreme Court in the case of Adoptive Couple v. Baby Girl, and on Ethics Alarms two years ago in its examination of the “Baby Emma” drama. Now it is in the news again, as Preston King, the 19-year-old father of “Baby Wyatt” fights for his child in the California courts

The details of these cases vary, as do the state laws governing them. In the Baby Emma case, for example, among the complexities were the fact that the state of the couple’s residence, Virginia, recognizes an unmarried father’s right to custody, while the state where the adoption took place, Utah, does not. All the cases have  in common a conflict between rights, law and ethics. Continue reading

Unethical Website Of The Month: The California Republican Assembly’s CoveringHealthCareCA.com

Fake Obamacare site

“Unethical Website of the Month” doesn’t really do justice to CoveringHealthCareCA.com, and that’s even with the acknowledgement that this is the same Ethics Alarms category where the racist site Chimpmania is filed. CoveringHealthCareCA.com is an intentional effort to sabotage the Affordable Care Act in California, the one place where the “signature achievement” of the Obama administration didn’t completely collapse out of the starting gate. For Republican lawmakers to be doing this is beneath contempt, indefensible in every way, and the ethical equivalent of treason. The people who publish Chimpmania are hateful, vicious bigots, but they are marginal citizens and human beings. All societies have scum, and in the 21st Century, some of that scum will have racist websites. That is inevitable. It should not be inevitable for public servants to try to undermine their own government’s laws, health care system, and citizens for political gain.

CoveringHealthCare.com is a false flag website, launched by Republicans in the California Assembly to deceive Californians into believing it is an official Obamacare website, when it is, in truth, an anti-Obamacare website. Its address is similar—CoveringHealthCareCA.com vs. CoveredCa.com, the real site—and its design evokes the actual Obamacare sites. Its apparent purpose is to help citizens navigate the new health insurance system, except that once you begin clicking and reading, it slowly dawns–how slowly will vary— that this is something else, a collection of attacks and talking points against the Affordable Care Act. Continue reading

Ethics Dunce: California

Oh, rats. There goes my head again...where's the duct tape?

Oh, rats. There goes my head again…where’s the duct tape?

The reductio ad absurdum of the debate over illegal immigration has reached its apotheosis in California, where Governor Brown actually signed into law a provision allowing illegal immigrants to be awarded licenses to practice law in the state. The law was designed to render moot the case of illegal immigrant Sergio Gomez, who was brought into the country as a child, managed to evade detection and enforcement through law school and the bar exam, and is now fighting to be admitted to the California Bar.

Garcia has said that being able to obtain a law license “is my life’s dream come true. One of two. I’m going for the U.S. citizenship next. I want to be a full part of this country.” Well, why stop at that bizarre sequence? Why not let Mexican citizens first become U.S. lawyers, and then aspire to sneak over the border some day and become U.S. citizens? Continue reading

Heeeeeeeeeere’s JOHNNY’S BETRAYAL!!!!

henry_bushkin_johnny_carson

Lawyers are forbidden by the ethics rules of their profession in every state from divulging the secrets of their clients, their former clients, or even their dead former clients, except in the rare circumstances when doing so will save a life or prevent a crime, and often not even then. Client confidences include all information a lawyer learns about a client in the course of the representation whether or not it is germane to the representation or not, if the client would be embarrassed by the information or would want it to remain secret.

The duty to maintain client confidences goes to the core of the professional relationship between citizens and their lawyers, and any attorney who breaches it not only harms his or her client but undermines trust in the entire profession as well. So sacrosanct is the duty that a Massachusetts court agreed with the Fall River law firm that represented Lizzy Borden in her famous murder trial, when Lizzy’s heirs tried to force it to reveal whether she did, in fact, “give her mother forty whacks” (and her father forty-one) with an ax, that it could not reveal Borden’s secrets even in the interests of history.  The firm, said the court, was quite correct: Miss Borden hired it based on its lawyers’ assurances that her secrets were safe with the firm forever, and to allow otherwise now, even a century after the crime, would betray her trust and undermine the profession’s integrity. The Massachusetts Bar agrees.

So how can it be that Henry Bushkin, for decades the late Johnny Carson’s personal lawyer and thus charged with keeping the secrets of the famously reticent comic’s personal life, is now publishing a tell-all book filled with juicy stories about his conveniently dead client? Continue reading