conflict of interest

Ethics Quiz: Is It Fair To Take A Criminal Defendant’s Constitutional Right Away If He Keeps Abusing It?

/ Jack Marshall / 12 Comments

"Watch the pencil! WATCH THE PENCIL!!!"

Joshua Monson, standing trial in Washington State for drug charges and multiple criminal assaults, keeps stabbing his lawyers with pens and pencils  mid-trial. He just stabbed his third—the others withdrew because of the conflict of interest created when you are afraid that your client wants to kill you—so the judge ruled that Monson had forfeited his right to counsel under the 6th Amendment in the Bill of Rights. Judge David Kurtz said Monson will have to defend himself without the assistance of counsel and will be strapped to a special chair for the rest of the trial. Kurtz advised jurors to ignore the incident, the restraints and the absence of a lawyer.  Continue reading →

Unethical Quote of the Week: Fired NPR Host Lisa Simeone

/ Jack Marshall / 9 Comments

And NPR finds it puzzling that you can't read an ethics code, Lisa...

“I find it puzzling that NPR objects to my exercising my rights as an American citizen — the right to free speech, the right to peaceable assembly — on my own time in my own life”

—-Lisa Simeone, who was fired as host of a radio show carried by an NPR affiliate (and is likely to be fired from another NPR distributed program) for serving as a spokesperson of the Occupy Wall Street spin-off group camped out in Freedom Square in Washington, D.C. Her activities violated multiple provisions of the National Public Radio Code of Ethics.

This was a dishonest, unfair and misleading  statement. Continue reading →

NOW Is It Obvious That NPR Has A Liberal Bias Problem?

/ Jack Marshall / 14 Comments

Recently spotted swimming through the NPR Ethics Code's loopholes

[Notice to Readers: Check the update at the end of the article.]

The problem, incidentally, is not that NPR has a liberal bias, but that it so emphatically dishonest about it. Despite the Juan Williams fiasco, when the publicly funded radio network’s only Africa-American contributor was fired for politically incorrect truth-telling, despite the cover-up, when his boss twisted the Code of Ethics to justify the action (and violated it herself in the process)—despite the James O’Keefe embarrassment, with an NPR board member being recorded while sounding like a Saturday Night Live parody of a biased media leader—-and despite a spate of  naval-gazing within the organization to find ways to show the oddly deluded public that NPR is really and truly “fair, unbiased, accurate, complete and honest”… leaving “no question about [their] independence and fairness” —I’m sorry; I had a fit of the giggles there for a second—-National Public Radio can’t help itself. In the matters of bias, integrity, double standards, conflicts of interest and fairness, its ethics alarms were either never installed or have turned to cheese.

Tell Juan Williams about this: National Public Radio’s Lisa Simeone, who  hosts NPR’s nationally syndicated “World of Opera” program as well as “SoundPrint,” a program that airs on NPR’s WAMU affiliate  in Washington, D.C., has served as a spokeswoman for the Occupy Wall Street spin-off group, “October 2011,” which is currently occupying Freedom Plaza in Washington, D.C. and making all the same contradictory, vague and impossible progressive/ leftist/anarchist demands that its parent is. Continue reading →

More S.E.C. Ethics Blindness

/ Jack Marshall / 1 Comment

What good is a blind watchdog?

Back in February, I told the tale of David Becker, former S.E.C. General Counsel, who had inherited money from his mother that was really the fruits of the Bernie Madoff investment scandal after he had served in the post while Madoff was merrily swindling people as the S.E.C. twiddled its thumbs. Becker apparently wasn’t in the information chain that should have led the S.E.C. to stop Madoff , and the scandal was uncovered after he left the agency. In 2009, after the Madoff mess had exploded, he rejoined the agency in his old job, but when it came to light that he and his brothers had inherited $2 million Madoff-manufactured profits from their mother, he quickly stepped down. My view was that Becker was a victim of circumstance: he had the appearance of impropriety, but hadn’t done anything wrong.

I should have known better: after all, this is the Securities and Exchange Commission, where they illegally shred files and the regulators look at porn all day. Now it is revealed that… Continue reading →

Solyndra, the White House, and the Most Dangerous Conflict of Interest of All

/ Jack Marshall / 23 Comments

It isn’t a Republican or a Democratic Party problem, and it isn’t unique to the Obama Administration. It is a structural problem in American government, a conflict of interest that pits the best interests of the American people against the political interests of the party in power. The only solution to the problem, since it is here to stay, is leaders who acknowledge the conflict, are dedicated to doing the right thing anyway, and have the courage to demand that their staffs do likewise.

The Soyndra scandal shows that Barack Obama is not such a leader. That does not make him unique, but it is a serious ethical flaw nonetheless. Continue reading →

Ethics Dunce: Criminal Defense Lawyer Gerard Marrone

/ Jack Marshall / 10 Comments

If defending the Constitution means you can't look in the mirror, you're in the wrong profession.

Levi Aron was charged this week for abduction and death of Leiby Kletzky, an 8-year-old Brooklyn boy who disappeared while walking home from a Jewish day camp last week. Surveillance video showed the child  asking a stranger, alleged to be Aron, for directions and then getting into his car. A city-wide search for the missing child ended when police found the boy’s body parts, leading to Aron’s arrest.

Now Gerard Marrone, one of the two lawyers defending Aron, has withdrawn from the representation. There is, in theory, nothing wrong with that. A lawyer can withdraw from any representation for good cause, as long as the withdrawal doesn’t harm the defendant. Marrone’s withdrawal, however, was done in such a way that it almost certainly harms the defendant, because the lawyer told the press why he was withdrawing.

“I have three little boys,” he told the Daily News,“You can’t look at your kids and then look at yourself in the mirror, knowing that a little boy, who’s close in age to my eldest son, was murdered so brutally.” Continue reading →

Comment of the Day: “The Washington Post Flunks Integrity, Conflicts, and Trustworthiness”

/ Jack Marshall / 2 Comments

I do want to hold the line on featuring Comments of the Day that I think exemplify awful ethical reasoning, as opposed to those that are provocative and enlightening, to a minimum. This one, however, is too rich to ignore. It is the defense of an apparent journalist for the ethics-busting behavior of the Washington Post in the recent Jose Antonio Vargas incident using a dizzying array of alibis and rationalizations, including “they’re better than most,” “people don’t care,” “you have to cheat to stay in business,” “they are better than the alternative,” and others. It also resorts to the time-honored “who are you to judge?” and “you couldn’t do a better job.”

If this is typical of how journalists view their profession’s ethical obligations—and I think it is—the comment explains a lot. You can read my lin-by-line response after the original post. Here is the Comment of the Day, by okonheim: Continue reading →

The Washington Post Flunks Integrity, Conflicts, and Trustworthiness

/ Jack Marshall / 32 Comments

Newspaper...Heal Thyself!

The incidents of blatantly untrustworthy conduct by supposedly prestigious news organizations have become so numerous that they are almost no longer newsworthy themselves. Journalists failing their core ethical standards when maintaining them would be inconvenient? That’s not news. That’s the status quo.

Patrick B. Pexton, the Washington Posts’s ombudsman, had to write about the strange case of Jose Antonio Vargas, the celebrated journalist, once employed by the Post, who admitted last week that he was an illegal alien.  In particular, he had to write about 1) why a Post editor, Peter Perl, continued to employ Vargas and hid his immigration status for eight years after learning that he was in the country illegally and 2) why Vargas’s 4000 word piece about his deception (and the Post’s complicity in it) was killed by another Post editor, resulting in its being picked up and published by the New York Times. So the in-house ethics watchdog wrote about it, and concluded—nothing.  Continue reading →

Ethics Hero: Washington Post Columnist Carolyn Hax

/ Jack Marshall / 1 Comment

I’m breaking some precedent here: I don’t usually pick Ethics Heroes based upon writing alone, and I don’t usually reprint long sections from someone else’s column. But relationship advice columnist Carolyn Hax has long displayed a brilliant feel for ethical analysis, and expresses it sharply and entertainingly to the great benefit of her readers. Good general readership ethical analysis is all too rare, and she deserves accolades.

Today she provided as clear and as deft a lesson in how responsibility, honesty, fairness, bias and accountability work as I can imagine, while chiding a man who wants to rescue a younger woman from the relationship he didn’t have the guts to pursue herself. It shows her at her best, and is impeccable ethics as well. Brava!

Here is the inquiry and Hax’s response: Continue reading →

Now THAT’s Hypocrisy: The Prosecutor and the Teenager

/ Jack Marshall / 3 Comments

As part of Ethics Alarms’ continuing effort to clear up the rampant confusion among the American public and media regarding what constitutes hypocrisy, I offer this illustrative tale.

Former Rock Island County, Illinois State’s Attorney Jeff Terronez has already pleaded guilty to providing alcohol to a minor.  As part of his plea deal, which allowed him to avoid more serious charges, he resigned his position as State’s Attorney, forfeited his pension and agreed to never seek public office again. Now it appears that the circumstances of his misconduct may result in a mistrial in the case in which  Terronez first encountered his 15-year-old victim.

You see, the young woman to whom Terronez provided alcohol was the victim and complaining witness in a previous case Terronez prosecuted, in which high school teacher Jason Van Houtte was accused of inappropriate contact with a 15 years old female student. Terronez saw to it that Van Houtte was convicted and sentenced to ten years in prison. Meanwhile, he met with Van Houtte’s comely prey and plied her with liquor socially…at least.

That’s right: the prosecutor began an “inappropriate relationship” with the under-aged complaining witness in a case he was simultaneously prosecuting involving a teacher’s “inappropriate relationship” with the same girl!

Now that’s hypocrisy.