How Partisanship Corrupts Us All At Election Time

The upcoming election, among other horrible things, will stand as a landmark of ethical corruption, as parties, news sources and voters will have thoroughly abandoned integrity and weakened their core values by excusing damning behavior from their favored candidates, behavior that, if honestly and objectively evaluated, should disqualify them from any office of trust.

We have already seen disturbing examples of this phenomenon in such embarrassing displays as Rep. Charles Rangel’s birthday celebration, as major Democrats lined up to give tribute to a Congressman who has abandoned multiple ethical duties, including an absolute disgrace for any Chairman of the House Ways and Means Committee, willful tax evasion. Rather than take a stand for honest government and representatives the public can believe in, partisan supporters are blaming Rangel’s self-made problems on Republican attacks, as if they made Charlie do it all at gunpoint.

The same theme is being echoed by conservatives on talk radio, who are making the case that the ridiculous Christine O’Donnell, who has undeniably misused campaign funds and misrepresented her educational background numerous times and ways, is being criticized for these “errors” because of a “media double-standard.” The only way to interpret such a defense is that the people making it believe all lies, misuse of donations and efforts to mislead the public are excusable if the press has ever ignored them when the transgressor was from the other party. Or they really don’t believe that, but are saying that they do. Either way, they are corrupt. Continue reading

Ethics Dunce Deux: Rand Paul Whiffs on Accountability

G.O.P Kentucky Senate nominee Rand Paul has pulled off a record-worthy achievement: he has earned Ethics Dunce status twice in a week’s time, something no one else, even serial Ethics Dunces like Sen. John Kerry and Tom DeLay, were able to do in the nearly seven years the designation has been in existence. He did not earn it the old fashioned way, however, as the old Smith-Barney ads used to say. Most Ethics Dunces do something, but in both cases Paul has proven himself worthy by what he says he believes.  This makes him kind of a classic Ethics Dunce. He literally doesn’t understand basic ethical values, or if he does, can’t articulate them. Continue reading

Rep. Sestak and That White House Bribe…

Can anyone remember another series of elections in which the winners found themselves in so much ethical hot water so quickly? First we have a U.S. Senate convention nominee in Connecticut (Blumenthal wasn’t really elected, just chosen by delegates) revealed having misrepresented his military record multiple times. Then the victorious Republican Senate nominee in Kentucky goes on TV and radio to prove that he cares more about being true to what the New York Times calls “textbook libertarianism” than its real world human and societal costs. Now Rep. Joe Sestak is being caught in an ethical quandary. Is he going to finger members of Obama’s White House, cover up a Federal crime, or admit he was lying? Continue reading

More on Richard Blumenthal, Connecticut’s Lying Attorney General

Now that we know a little bit more about Richard Blumenthal, the Connecticut Attorney General whose pursuit of a U.S. Senate seat has him periodically masquerading as a Vietnam War veteran, it is clear that simply defeating him at the polls isn’t enough. He should be impeached as Attorney General, and deserves professional discipline from the Connecticut Bar as well. Why? Well, he’s an unrepentant serial liar on a grand scale. Lawyers, including Attorney Generals, are prohibited from engaging in dishonesty, misrepresentation, fraud and deceit, and it is professional misconduct when this rises to a level that calls a lawyer’s trustworthiness and fitness to practice law into question. Does pretending to have credentials, especially military combat experience, that you do not have in order to get a job reach this level?

Of course it does. Continue reading

Exemplary Ethics: Opportunity for the Gambling Grannies’ Lawyers

My discussion of that sad case of the two elderly Connecticut sisters who are embroiled in a lawsuit over lottery winnings did not focus on their lawyers, and that was intentional. Though I spend most of my time teaching legal ethics, I only venture there on Ethics Alarms rarely, because 1) to do it right usually requires being technical, and technical is not conducive to 700-1000 word essays, and 2) most lawyers are bored by legal ethics, so non-lawyers figure to be bored even more.  A new reason became crystal clear this week, when I foolishly steered an issue involving blog ethics into legal ethics because the blogger happened to be a lawyer, was reckless with my terms, and ended up unfairly implying something I did not mean to imply. My apology for that fiasco is here.

Nevertheless, I should have discussed the role of lawyers in the Connecticut case. I am not privy to their advice to their respective clients, and for all I know, they may well have attempted what I suggest here. Whether they did or not, this case is an excellent one to reflect on what lawyers do, and ought to do. Continue reading

The Not-So-Baffling Mystery of the Missing Ethics Rule

ABA  Model Rule 7.6: Political Contributions To Obtain Legal Engagements Or Appointments By Judges
A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

That’s pretty clear, is it not? The American Bar Association, in its Model Rules of Professional Conduct, now followed (in various, eccentric forms, to be sure) by 49 states, the District of Columbia and Puerto Rico, emphatically declares that “pay-to-play” arrangements are unethical for lawyers even in states where the sleazy practice might be legal. “Pay-to play” is, after all, classic corruption, older than Mayor Curley, Richard Daley, Boss Tweed and Mister Potter. Lawyers contribute big bucks to the campaign funds of state and local powerbrokers, including Attorneys General and judges, and get big state contracts in return. It is indefensible ethically, although you can find plenty of people who will defend it, their tongues crossed tightly behind their backs all the while. Continue reading