California

Comment of the Day: “The Death of Ryamond Zack”

/ Jack Marshall / 3 Comments

The story about the Alameda firefighters and police, as well as many citizens, standing useless on the shore as a suicidal man slowly drowned continues to receive  outstanding commentary. Here is the most recent, from Peter, doing some follow-up and pointedly critical analysis: 

“ABC asked Alameda Fire Division Chief Ricci Zombeck  whether he would save a drowning child and he said: “Well, if I was off duty I would know what I would do, but I think you’re asking me my on-duty response and I would have to stay within our policies and procedures because that’s what’s required by our department to do.”

“This quote essentially makes any indefensible defenses, or apologetics for how big and scary the victim was, moot. Perhaps they should make off-duty the new on-duty by assigning first responders to permanent off-duty roles. At least then they would go in after a drowning child. Continue reading →

Comment of the Day: “The Death of Raymond Zack”

/ Jack Marshall / 1 Comment

Raymond Zack

Buck Best, a Northern Virginia firefighter and supervisor, weighs in with his expert perspective and nuanced insight regarding my post on the Alameda, Cal. incident involving a suicide by drowning. His wife Lianne had another Comment of the Day earlier this week; if this keeps up, I will have to call the feature “Best Comment of the Day.”

“As an 18 year veteran of the Fire Dept. and the last ten years as the Officer of a Technical Rescue team that would be responsible for just such a rescue, let me offer another perspective to this ethical question. The Fire service much like many other organizations in recent history are governed by politics and litigation. The management of the organizations are always looking to the risk analysis of any potential situation based of the money that is available. The risk analysis is not based as much on the physical risk as it is on the financial or political risk. Continue reading →

Flashback: “What Hugo Alfredo Tale-Yax Can Teach America”

/ Jack Marshall / 19 Comments

The Late Hugo Alfredo Tale-Yax

[Not many people were checking in on Ethics Alarms when I wrote this post in response to yet another example of bystanders choosing to do nothing when a human being was in peril. Some of the comments to the Alameda post, those making excuses for the 75 faint-hearted or apathetic citizens in that city who would rather gawk at a tragedy than try to stop it,  caused me to recall the essay, which explores related issues.  I wrote it, but I had nearly forgotten about the story; when I re-read it today, I got upset all over again.Here, for the second time, is “What Hugo Alfredo Tale-Yax Can Teach America.”]

The one with the premium-grade ethics alarms bled to death on the sidewalk. The people who never had theirs installed at all took pictures. Is this the way it’s going to be? Continue reading →

The Death of Raymond Zack: No Heroes, Only Bystanders

/ Jack Marshall / 60 Comments

50-year-old Raymond Zack waded into the surf on an Alameda, California beach and stood calmly in the 54-degree water, apparently waiting to die. His suicide took nearly an hour, but eventually he drowned, with no rescue attempts from any of the 75 San Franciscans who gathered on the shore to watch the entire tragedy.

Why didn’t anyone try to rescue the man?

Apparently it was because nobody was paid to do it. You see, stopping Zack from killing himself wasn’t anyone’s job.

The media’s focus in reporting yet another disturbing incident with echoes of the murder of Kitty Genovese has been exclusively on the inert Alameda police and firemen who witnessed Zack’s suicide. “Fire crews and police could only watch,” wrote the Associate Press.

What does the AP mean, “they could only watch”?  Were they shackled? Held at gunpoint? Were all of them unable to swim? They didn’t have to watch and do nothing, they chose to watch and do nothing, just like every one of the bystanders who weren’t police or firemen chose to be passive and apathetic when saving a life required action and risk. Continue reading →

Ethics Heroes: The U.S. Supreme Court

/ Jack Marshall / 1 Comment

To be more accurate, the heroic component in this instance is the liberal wing of SCOTUS ( Justices Sotomayor, Kagan, Ginsberg, and Breyer) plus the swing vote, Justice Kennedy, who wrote the majority opinion in Brown v. Plata.  The decision upheld a court order requiring California to release a staggering 46, 000 inmates of its prisons, more than a fourth of the those sentenced there. The majority concurred with the lower court’s assessment that California prisons were so obscenely over-crowed that conditions amount to a human rights violation and a breach of the constitutional prohibition on “cruel and unusual punishment.”

Some Supreme Court decisions come down to ethics as much as law, and this was certainly one of those times. At issue from a legal standpoint was  whether federal judges had the power to order the release of state prisoners as a necessary means of curing a constitutional violation. But the brilliant legal minds on the conservative side of the Court’s divide had no problem answering that question in the negative, and persuasively too.  The dilemma is that California’s least sympathetic citizens, its residents of the state’s penal institutions, are being kept in conditions that violate their constitutional rights, and despite many years of knowing about the problem, the state hasn’t found a way to rectify it. Continue reading →

Comment of the Day: “The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price”

/ Jack Marshall / 8 Comments

The motion to vacate Judge Walker’s ruling on Proposition 8 has been filed, you can read it here. Since the original post, I have detected some cracks in the formerly near-united front of legal ethicists and journalists deriding Walker’s critics. Some of them are finally, grudgingly, admitting that the Judge might not have handled his potential conflict so well after all, and that the motion is not a frivolous, anti-gay outrage as they originally labelled it.  The most rickety of the rationalizations put forth on Walker’s behalf, advanced by some his most respected defenders, is that he had no obligation to reveal his own sexual orientation by disclosing his domestic arrangement because of its intimate and private nature. Yet the judge voluntarily disclosed it after his decision was in the books, raising a rebuttable presumption that his original silence was to avoid suggestions of conflict, not out of a desire for privacy.

First time commenter Jada adds her Comment of the Day to the discussion: Continue reading →

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

A Strong Consequentialist Argument for Steve Jobs’ Liver…But Is It Right?

/ Jack Marshall / 2 Comments

Steve Jobs and friend

Back in June of 2009, when “Ethics Alarms” was but a twinkle in my eye, there was a momentary controversy when ailing Apple CEO Steve Jobs was able to use his enormous wealth to land on multiple regional organ transplant lists, thus vastly improving his chances of getting a precious liver transplant in time to save his life. The California native ultimately got a Tennessee liver, but critics cried ethics foul. The organ transplant distribution system is not supposed to be based on wealth: otherwise, why not just auction off livers to the highest bidders? Because most insurance companies won’t cover multiple listings, only the richest patients can afford to employ this strategy, meaning that a system that is supposed to be means-neutral favors the wealthy after all. Continue reading →

When a Law Makes a Problem Worse

/ Jack Marshall / 3 Comments

Where should we file this legislative botch? Perhaps we should file it under incompetence, lack of diligence, irresponsibility, or inexcusable ignorance of unintended—but completely predictable–consequences.

In California, a statute  passed overwhelmingly by the State Legislature required that lawyers who work on loan modification agreements for homeowners facing foreclosure cannot require any payment until the work is complete. The law was intended to eliminate unscrupulous firms from running scams on desperate Californians, more of whom face foreclosure than in any other state, in which the firms charged large up-front fees and then did nothing. Unfortunately, it also made it unprofitable and risky for legitimate, honest lawyers to put in many hours battling lenders skilled at running out the clock in the hopes of being reimbursed by clients who are already in financial deep water. Thus stressed California homeowners, having been given protection by their tunnel-visioned representatives, now can find no legal help at all, honest or otherwise. Continue reading →