duty to resign

Judge Ken Anderson: A Judge With An Ethical Obligation To Resign

/ Jack Marshall / 21 Comments
Ken Anderson

Regret isn’t enough.

Ken Anderson has been a Williamson County (Texas) district judge since 2002, but in 1987  he was the district attorney who prosecuted Michael Morton for fatally beating his wife to death. Morton was convicted and served 25 years in prison before DNA tests proved he was innocent. (This is yet another triumph of The Innocence Project.) Another man has been arrested for the murder of Morton’s wife Christine, as well as a second woman he allegedly killed in similar fashion while Morton was behind bars.

Last week, a five day hearing examined Judge Anderson regarding his conduct in the case, in a special court of inquiry to determine whether he engaged in criminal wrongdoing as well as unethical prosecution. Among the questions raised was why Anderson never divulged to Morton’s defense team a police report that Morton’s neighbors had said that they saw a suspicious man walking into the woods behind the Morton home shortly before the murder, and why Morton’s three-year-old son’s statement that “a monster,” not his father, beat the child’s mother to death was similarly withheld. On the stand enduring five hours of questioning, a tearful Anderson could only say that he didn’t remember not turning over the evidence to the defense, while defense attorneys adamantly insisted that they never received it. The hearing also revealed that Anderson kept his lead investigator from testifying at trial, when his testimony would have ensured that the child’s statement and the report about the stranger were raised in court, as well as allowing defense attorneys to cross-examine the investigator regarding his peculiar theory of the case.The theory, which was subsequently endorsed by DA Anderson, was that Morton become homicidal after his wife fell asleep when he sought to have sex with her, and donned his scuba wet suit so his son wouldn’t know it was him beating her to death. Continue reading →

Better Late Than Never Dept.: Rep. Giffords Finally Does The Right Thing

/ Jack Marshall / 15 Comments

That's the Democratic Congresswoman from Arizona in the center.

Ethics Alarms first stated that Rep. Gabrielle Giffords was seriously disabled and needed to resign from the house on January 17, 2011. I wrote:

“Almost no medical experts foresee a woman with such massive head injuries being able to return to work within a year, if she can return at all. She only has a two-year term. Is it fair to the people of Arizona, not to mention the country, to have a member of Congress who is unable to work during the days ahead, which are critical to the nation on so many fronts?”

Although the answer to this question was obvious at the time, Rep. Giffords did not resign. I returned to the topic in March, June, September and November, but not only did the Giffords camp and Democrats continue to ignore the issue, the media largely did as well. Never mind that during a contentious and important year of critical legislative issues, one Congressional District in Arizona was essentially unrepresented.

Today, finally, Rep. Giffords announced that she had resigned, more than a year after being shot in the head. Her friend, Democratic National Committee Chair Debbie Wasserman Schultz, told the press that her friend’s recovery was likely to take years, not months. WOW! That’s a bulletin! Who had any idea that the Congresswoman was that seriously injured? Continue reading →

Incompetent Elected Official of the Month: Rep. Gabrielle Giffords (But At Least She Has An Excuse.)

/ Jack Marshall / 4 Comments

Be sure not to miss this very special episode of "Congress: A Study in Courage That Does The Country No Good Whatsoever"

ABC’s Diane Sawyer will soon air her interview with Rep. Gabrielle Giffords, the first since the Arizona Congresswoman was shot in the head during Jarod Loughner’s Tuscon rampage in January. Giffords looks alert and upbeat, if understandably frail, and answers Sawyer’s questions with short, often single word responses. She has clearly made remarkable progress in her rehabilitation. She also obviously has a long way to go, and her prospects of working at a high level again, much less working on the nation’s problems, are speculative at best. Why then is she still filling a seat in the U.S. House of Representatives?

She is doing so because, of course, she is courageous. Because her recovery is inspiring, and it would be heartless and cruel to take her job away because of a madman’s bullet. She is doing so because it would be unfair and mean to rush heroic Gaby, and because Americans care. None of which has any relevance to the tiny, apparently trivial issue of governing America. Continue reading →

Return to a Sore Subject

/ Jack Marshall / 1 Comment

"Does anybody care?"

[NOTE: An unusually busy travel schedule combined with terrible hotel WiFi and a week that was already stuffed with juicy and provocative ethics stories resulted in my not fulfilling my duties very well the last three days, for which I apologize sincerely. I’m going to make every effort to catch up this weekend.]

Rep. Weiner resigned at last, noting that his district and its constituents deserved to have a fully functioning representative in Congress, and that he could no longer fulfill that role. True enough, though one has to ask (or at least I do): if the people of Queens and Brooklyn deserve better representation than a hard-working, if dishonest, obsessed and twisted, pariah can offer, what about the people of the 8th District of Arizona, who have a representative who can’t funtion in her post at all?

I was going to wait until the six-month mark in Gaby Giffords’ rehabilitation to raise this matter again, since that will mark a full 25% of the Congresswoman’s term that she has been unable to serve, but the combination of Weiner’s resignation and the news of Giffords being released from the hospital created too much dissonance for me to ignore. I fully expect that I will be writing some version of this post 18 months hence, after Rep. Giffords’ entire Congressional term has passed without her voting on a bill or answering a constituent’s letter. To quote the singing John Adams in “1776,”: “Is anybody there? Does anybody care?”

Reports from various medical personnel enthused that Giffords has made remarkable progress, and “seems” to understand “most’ of what is being said to her, though she still has trouble articulating responses. That is great progress for someone who has some of her brain blown away by a gunshot at close range, but it sure doesn’t sound like someone who is going to be making a persuasive argument on the House floor any time soon, or ever. So are we serious about this running the country stuff, or aren’t we? Continue reading →

As Weiner Finally Goes, Some Lessons That We Already Should Know

/ Jack Marshall / 6 Comments

I’m sitting in the Washington, D.C. offices of  NPR, waiting to go live at 11 AM. with some ethics commentary about the imminent resignation of Rep. Weiner. He is finally doing the right thing for the wrong reasons, just as his Democratic colleagues are defenestrating him for the wrong reasons. Once yesterday’s old photos surfaced showing Weiner in women’s underwear, his fate was sealed…although it was really sealed already. His forced resignation was inevitable, and the fact that the Congressman was unable to see it so that he could preserve some shred of honor by doing his duty as soon as his disgraceful conduct became public shows how wretched his judgment is.

The 56% of his constituents who, according to polls, thought that he should remain in his job demonstrated their complete lack of understanding of the requirements of leadership and ethics. They weren’t the only ones. It has been fascinating, though depressing, to read the comment threads on various websites and blogs covering the Weiner story, because they are so similar in their rationalizations. The categories, and reasons why they are so misguided, are:

  • “Lots of the people criticizing Weiner engage in dubious inline conduct themselves; they are hypocrites.” No, they are non-leaders. When you accept the responsibility of leadership, you accept the duties of  integrity, honesty, and honorable conduct. Rep. Weiner gave up the right to behave as sleazy as the guy we never heard of next door when he ran for office. Continue reading →

Ethics Dunce: The University of Alberta

/ Jack Marshall / 4 Comments

"Now that you've been caught red-handed, there need to be an investigation to determine what color your hand is."

The University of Alberta’s Faculty of Medicine dean, Dr. Philip Baker, delivered a convocation speech to medical students last Friday that included verbatim excerpts from a speech given last year by Harvard professor Atul Gawande to graduates of Stanford University Medical School. Nevertheless, the plagiarizing dean has not been suspended and will remain working “until allegations are investigated in a formal procedure,” University officials announced. “This is somebody’s reputation and we take this very seriously.”

If the University takes it seriously, why hasn’t Baker been fired, or, for that matter, why hasn’t he resigned? Continue reading →

Ethics Quiz For Rep. Weiner Defenders: Would You Still Think He Shouldn’t Resign If He Did THIS?

/ Jack Marshall / 7 Comments

Just add his daughter's head, and you have Rep. Gerber's fantasy date.

The Sixth District Court of Appeal in San Jose just ruled that Joseph Gerber, a California man who used his computer to create sexually explicit photos by pasting images of his 13-year-old daughter’s head onto the fully mature, naked bodies of porn performers in lewd poses, was wrongly convicted of possessing child pornography. After all, the pictures didn’t show minors engaging in sex acts, just fully legal adults with his daughter’s head, which apparently really turned Dad on.

The decision is unquestionably correct from a legal standpoint: no children were harmed to create the photos, and they did not depict child porn of any kind, except in Mr. Gerber’s fatherly mind.

Thus the Ethics Alarms question for Alec Baldwin and the reported 56% of New Yorkers who say that sexting, lying Representative Anthony Weiner should not resign his position because of his personal habit of sending smiling photos of his penis and other body parts to porn actresses, scheduling skype phone sex while his pregnant wife is away, and other similar activities, lying it all the while until lies became impossible: Continue reading →

Should Rep. Weiner Resign?

/ Jack Marshall / 45 Comments

Well, at least Weiner got THAT off his chest. Now all he needs to do is resign.

I was giving a seminar on building an organizational culture free from sexual harassment today, and happened to mention Rep. Anthony Weiner’s Twitter misadventures. “Allegedly!” shouted out one of the participants. “Allegedly,” I conceded. “But I’m pretty sure we’re going to find out that he behaved inappropriately; I knew that the minute he said that the crotch in the picture might have been his. Might have been his? What kind of guy his age takes photos of his crotch?” By the time I left the seminar at about 4 PM, Rep. Weiner was already engaged in his excruciating press conference, confessing, apologizing, and taking the full brunt of the media’s onslaught.

A woman had come forward to reveal more photos the Congressman had sent to her over social media…sad, embarrassing photos for any man over the age of 16 that hinted at untreated emotional problems in a man with a new wife, a high-profile job, and so much to lose. Rep. Weiner had to come clean, not that he had been doing a very convincing job of lying over the past week.

Give him credit for a forthright capitulation to the truth, once he changed his story. Continue reading →

Ensign Scandal Revelations: Sen. Coburn’s Betrayal

/ Jack Marshall / 2 Comments

Oh dear, Sen. Coburn...didn't anyone tell you that corruption is contagious?

The bipartisan Senate committee, investigating the sexual harassment/ extortion/ lobbying scandals that led Sen John Ensign (R-Nev.) to resign his seat issued its report this week. It found “substantial credible evidence that provides substantial cause to conclude that Senator Ensign violated Senate Rules and federal civil and criminal laws, and engaged in improper conduct reflecting upon the Senate, thus betraying the public trust and bringing discredit to the Senate.” The committee referred the matter to the Justice Department and the Federal Election Commission.

The report also found, however, that another Republican Senator, Tom Coburn of Oklahoma, was hip-deep in the  mess, serving as an intermediary between Ensign and his top aide, Doug Hampton, who was in the process of extorting  Ensign  for having an affair with Hampton’s wife. Sen. Coburn also played a central role in arranging for Ensign’s parents to cough up the hush money to satisfy Hampton’s demands.  Whether Coburn knew about the more serious offenses that Ensign seems to have committed, such as lying to investigators and using his influence to create business for Hampton’s lobbying firm as part of the pay-off for Ensign sleeping with Hampton’s wife, is unknown, but never mind: helping with the cover-up is bad enough. Continue reading →

Unethical Quote of the Week: Sen. John Ensign

/ Jack Marshall / 4 Comments

“While I stand behind my firm belief that I have not violated any law, rule, or standard of conduct of the Senate, and I have fought to prove this publicly, I will not continue to subject my family, my constituents, or the Senate to any further rounds of investigation, depositions, drawn out proceedings, or especially public hearings.”

Sen. John Ensign (R-Nev.), announcing his resignation from the U.S. Senate about two years late. Ensign’s continuing service in the upper chamber has been a continuing embarrassment thanks to a 2009 sex scandal and sordid cover-up attempt. Interestingly, Ensign maintains that such conduct doesn’t violate any “standard of conduct” for him and his colleagues.

Sadly, perhaps he’s right.

“I didn’t violate any laws or rules” has been Ensign’s mantra since it came to light that he: Continue reading →