conflicts of interest

Love Your Lawyer? Bad Idea. Love Your Client? Even Worse.

/ Jack Marshall / 4 Comments

This is all your fault, Arnie!

A Connecticut lawyer under fire for commencing a lawyer-client relationship with a woman with whom he was romantically involved made the novel argument that it is good to be in love with your client.  This indicates a profound misunderstanding of human nature and the nature of a lawyer’s duties.

Almost ten years ago, the American Bar Association recommended that state bars include a direct prohibition against lawyers having sexual relations with their clients, and the majority of the states did so. As I have mentioned before, it’s a dumb rule, too broad and too narrow simultaneously, a classic example of how some kinds of unethical conduct do not lend themselves to precise rule-making.  The main problem with the no-sex rules is that they are unnecessary. The legal ethics rules are replete with exhortations to maintain objectivity, independent judgment and to avoid conflicts of interest. Common sense suggests that it is irresponsible to confuse one relationship by adding another; professional standards dictate that combining a professional relationship of independence and with romantic relationships is wrong.  As the D.C. Bar’s Rules of Professional Conduct point out in its comments to Rule 1.7, Conflicts of Interest: Continue reading →

George Will Is Conflicted, and Telling Us That He Is Doesn’t Cure It

/ Jack Marshall / 4 Comments

Is George Will's wife making him pull his punches?

Conservative columnist George Will has a conflict of interest problem not of his making. A regular, and superior, commentator on politics and current affairs in op-ed pages and on television, Will’s objectivity and independent judgment is apparently compromised by the fact that his wife is an advisor to the presidential campaign of Texas governor Rick Perry

Initially, Will took the position that his wife’s business and his were independent, and that his integrity should be presumed based on his long and distinguished record as a columnist. But the Washington Post ombudsman, among others, declared that Will’s readers needed to be able to make their own judgment about his objectivity, and lately Will has been issuing formal disclaimers whenever he wades into Republican presidential politics. Most recently he did this while slamming New Gingrich—accurately and with precision—for taking a cheap shot at Mitt Romney regarding Romney’s work at Bain Capital.  Will wrote: Continue reading →

Ethics Dunces: The Nevada Ethics Commission, Which is Pretty Depressing.

/ Jack Marshall / 3 Comments

An X-Ray of Caren Jenkin's head, ethics sector

Here at last may be the answer to the riddle of why state ethics commissions have so little effect on the persistent problem of unethical government.

The people who make up the membership of such commissions may not know the first thing about ethics. Take Nevada, for instance:

To celebrate the 35th anniversary of the Nevada Ethics Commission, its executive director, Caren Jenkins, organized a party at a Carson City restaurant.  She invited current and former commissioners and staff, and also the state’s top elected officials, whose conduct is reviewed by the commission, which can fine them substantially or even seek their removal from office and prosecution for violating state ethics laws.
The invitation included a request for $33 to pay for the event.

“It never even crossed my mind that this would be seen as questionable,” said Jenkins. Never crossed her mind. eh? The event has elected officials whom the commission has to objectively oversee socializing with their state-appointed watchdogs. The Ethics Commission chair solicited money from officials who must depend on the commission for discretionary ethics calls. Jenkins has apparently never heard of appearance of impropriety, conflicts of interest, or interference with independent judgment. The Chair of the Nevada Ethics Commission has ethics alarms about as well-maintained as those of Charlie Rangel or Marion Barry. And since none of her fellow members bothered to raise any objections over her plan, their ethics alarms are in similar disrepair.

Unbelievable.

Or all too believable, come to think of it.

The Washington Redskins and the Nepotism Trap

/ Jack Marshall / 3 Comments

Bobby Kennedy was lucky. Kyle Shanahan isn't.

No leadership error embodies the appearance of impropriety more completely than nepotism, and, for good measure, it also creates an inherent conflict of interest and undermines fairness and integrity. Yet people continue to argue that it is not inherently unethical, and leaders and managers in all fields continue to walk into the nepotism trap. The fact that it doesn’t always snap shut is not an argument in its favor, for this is just moral luck; letting your kid play with matches in bed won’t necessarily burn the house down or kill him, but it’s still irresponsible.

Washington Redskins fans now have a painful lesson in nepotism’s drawbacks to guide their own decisions. As has been a routine event about now in the pro football season since hapless owner Dan Snyder became responsible for the team’s personnel, the Redskins season is imploding, and the head coach is on the griddle. This season that coach is Mike Shanahan, and the problem is his offense. The Skins were shut out Sunday, 23-0, and appear to have no quarterback, no offensive line, and no clue.

The team’s offensive coordinator? Kyle Shanahan, the head coach’s son. Now what? Continue reading →

Ethics Quiz: Should the State Department Be Buying and Distributing the President’s Books?

/ Jack Marshall / 8 Comments

It's a State Department...and a nifty literary agent too!

It’s a little early for another Ethics Quiz, but this one is tailor-made.

The Washington Times reported today that The State Department has bought more than $70,000 worth of  books authored by President Obama. Hillary’s folks have been sending out copies as Christmas gifts, and stocking  libraries around the world with “Dreams from My Father.”  For example, the  U.S. Embassy in Egypt spent $28,636 in August 2009 for copies of the best-selling 1995 memoir, six weeks after it had placed another order for the same book for more than $9,000. At the same time, the U.S. Embassy in South Korea spent more than  $6,000 for its copies of “Dreams from My Father.” All of this comes from federal purchasing records.

The Times points out that the previous  State Departments resisted the impulse to buy books by former Presidents George W. Bush or Bill Clinton.

Are you ready for your Ethics Quiz? It’s a multiple choice:

For the State Department to spend $70,000 on its boss’s book is…. Continue reading →

Now THIS Is A Conflict of Interest!

/ Jack Marshall / Leave a comment

The news is that negotiations between the Boston Red Sox and the Chicago Cubs over what the Cubs will pay the Sox as compensation for nabbing their tarnished boy genius General Manager Theo Epstein are not going smoothly, and no wonder. The situation as it stands is a conflict of interest classic, with no obvious solution. You don’t have to know a thing about baseball to love it: this was designed by the Ethics Gods as an exam question.

Consider: Continue reading →

“Hmmmm!”: Conflicts of Interest, Appearance of Impropriety, the National Parks Service

/ Jack Marshall / 4 Comments

David Uberuaga, real estate whiz

David Uberuaga, then superintendent of Mount Rainier National Park sold his Ashford, Washington home to the owner of Rainier Mountaineering, Inc. for three times the property’s assessed value, while Uberuaga was charged with oversight of the concessionaire. Later, Park Service Director Jon Jarvis, at one time Uberuaga’s immediate boss, saw that Uberuaga was appointed the superintendent of Grand Canyon National Park. This is especially interesting in view of the fact that Jarvis’s older brother, Destry Jarvis, has been a lobbyist on behalf of motorized river runners on the Colorado River, which runs through that park.

Hmmmm.

Do you agree with that? “Hmmmm”? Because in government ethics, “Hmmmm” is enough to indicate that the appearance of impropriety threshold has been crossed. The public isn’t supposed to think, “Hmmmm.” In this case, however, how could they not? To prevent “Hmmmm,” Jarvis needed to remove himself from any decision affecting a National Park that is being lobbied by his brother. To prevent “Hmmmm,” Uberuaga can’t have business transactions, especially mysteriously enriching ones, with a company that seeks contracts with a park that he manages. Continue reading →

Texas Gov. Rick Perry: Ethics Hero REVOKED, Integrity Missing

/ Jack Marshall / 14 Comments

Wow, that was fast.

Rick Perry has Jenny McCarthy's vote back...and that's worth a little more cervical cancer, right Governor?

It didn’t take long for newly-minted GOP presidential contender Rick Perry, now leading in the polls, to tell us what we needed to know about his values and integrity.

He doesn’t have them.

Back in 2007, I awarded Perry an Ethics Hero designation for leading Texas to become the first state in the nation to mandate vaccination of young girls for the human papilloma virus, or HPV, which is sexually transmitted and can cause cervical cancer. “Requiring young girls to get vaccinated before they come into contact with HPV is responsible health and fiscal policy that has the potential to significantly reduce cases of cervical cancer and mitigate future medical costs,” Perry said then in a news release explaining his executive order. Now, however, Perry is declaring what I thought was a courageous decision four years ago “a mistake.”

I hereby revoke his Ethics Hero award. Continue reading →

The Ethics of Interviewing Kids on Camera

/ Jack Marshall / 2 Comments

 

Art Linkletter was right: "Kids say the darndest things!"

When I initially learned about  Chicago TV station WBBM editing  an interview with a 4-year-old boy last month to make him sound like an aspiring gang-member when he actually said that he wanted to be a policeman, I decided to pass. I try to avoid making obvious observations, and nobody could defend the conduct of the station’s editors, who intentionally truncated the child’s remarks to the interviewer to make them sound chilling. The larger question of whether the child should have been interviewed at all, however, is more challenging. We see kids being interviewed on TV all the time, and it is far from certain that reporters are doing so ethically.

In the wake of  the WBBM incident, journalistic ethics expert Al Thompkins reprinted his guidelines for interviewing juveniles on the Poynter site. I’m an admirer of Thompkins, but I found his guidelines almost as chilling as the distorted interview itself. Here is his guidance on the issue of interviewing kids, with my reactions: Continue reading →

The Raymond Jefferson Mystery: Isn’t There Ethics Training for Obama Administration Officials?

/ Jack Marshall / 12 Comments

 

Raymond Jefferson's government ethics tool box

Based on the sorry Raymond Jefferson scandal, I would assume that the answer to that question is: “What’s ethics training?” Sure, there are reams and reams of government ethics regulations; I’ve read a lot of them. Apparently there is no one making sure that high-ranking officials have read them or understand them, however.

Jefferson, the Assistant Secretary of the Labor Department’s Veterans’ Employment and Training Service appointed by President Obama to oversee a job-training program for veterans, has resigned following an inspector general’s finding that he violated federal procurement rules and ethics principles by fast-tracking lucrative consulting contracts to his friends. Jefferson, says the report from the Labor Department’s inspector general, engaged in “a pattern of conduct . . . which reflects a consistent disregard of federal procurement regulations, federal ethics rules and the proper stewardship of appropriated dollars.” Continue reading →