Ethics Quiz: Ammon Bundy’s Cowboy Boots

Ammon Bundy. Nice look...that last name is a problem, though.

Ammon Bundy. Nice look…the jury should like it. That last name might be a problem, though.

Jury selection is was about to begin last week  in the trial of Ammon Bundy (Son of Cliven, no relation to Ted) and his fellow defendants who led an armed stand-off on federal lands in Oregon.  First, however, the judge in the case had to rule on Bundy’s lawyer’s motion demanding that the defendants, who are in custody, can wear neckties, belts and boots at trial as requested.

The U.S. Marshal’s Service  emailed  Bundy and the rest to alert them that certain  items of apparel wouldn’t be permitted at their trial: “Ties, Bows, Belts, Handkerchiefs, Cuff Links, Steel toe boots/shoes, Shoe laces, Shirt tie down straps, Safety pins, Shirt pocket pen protectors.” When U.S. District Judge Anna J. Brown Tuesday afternoon asked Barbara Alfono, the deputy U.S marshal in charge of the Bundy trial, about the requirement, she explained that security concerns were the source of the order. Those accessories could be used as weapons against deputy marshals or the defendants themselves, she said. As for the boots, they would interfere with the shackles that are placed around the defendants ankles as they are transported to and from the courthouse. (The shackles will be removed, because prior courts have ruled that they are prejudicial, making defendants look dangerous to the jury.)

J. Morgan Philpot,  Ammon Bundy’s marvelously named lawyer, argued that since his client is innocent until proven guilty, he should be allowed to wear the civilian clothes that he chooses.  “These men are cowboys,” Philpot wrote  in his motion, “and given that the jury will be assessing their authenticity and credibility, they should be able to present themselves to the jury in that manner.” He continued:

“We must consider, when he does so, how will he look? And what are the spot assumptions and impressions will the jury have about him when they see him in the kind of white socks and loafers he was wearing today, with his beltless trousers, and dressed in a formal suit without a tie,Just as significantly, how will the lack of belt, tie, or other apparel compare to others in the courtroom, as he and the other detained defendants are the only ones who will appear that way.”

The judge ruled against him.

Your Ethics Alarms Ethics Quiz of the Day:

Is it ethical for the system to prevent accused cowboys from looking like cowboys during their trial?

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Don’t Knock “The Code of the West”!

A commenter just nominated the Republicans in the Montana State Legislature for “Incompetent Elected Official” status because they have proposed “The Code of the West” as  Montana’s State Code.

Nomination rejected. I don’t want to argue about whether a state needs a State Code, although it seems a lot more useful and constructive than state birds, state songs and state pies. I also don’t feel like debating the political correctness attacks on the potential use of the Code of the West by Native American activists, who apparently think the Code glorifies cowboys and insults Indians (Oh, all right: the complaint is nonsense. Valid ideals are not sullied by the misdeeds of those who espoused them.) But I like the cowboy codes, all of them. One is already on the site. I might not choose the same ten tenets of the unwritten Code of the West that is being debated in Montana, but the Code of the West is a perfectly good statement of ethical principles, and any state that embraces it should be praised, not embroiled in a lot of political posturing. Continue reading