fairness

Ethics Lesson: Judges Can’t Campaign Like Other Candidates

/ Jack Marshall / 18 Comments

false-campaign-ad

The Supreme Court of Appeals of West Virginia suspended Judge Stephen Callaghan for two years and fined him $15,000 for a campaign flyer that it deemed dishonest. The court said that the flier  depicted the incumbent judge, Gary Johnson, as “partying” with President Obama. Johnson had visited the White House for a federally required conference on fighting child trafficking, but  he didn’t see Obama there, there was no party, and no function involving alcohol. The flier was mailed out five days before the May 2016 election, which Callaghan won.  Callaghan won the election by 220 votes.

The flier was “in every sense, materially false” according to the decision. You can see it above. Photos of Obama and Johnson are shown next to each other. Obama is shown holding a beer and streamers are in the background. The caption reads, “Barack Obama & Gary Johnson Party at the White House.” The opposite side of the flier read,

“While Nicholas County lost hundreds of jobs to Barack Obama’s coal policies, Judge Gary Johnson accepted an invitation from Obama to come to the White House to support Obama’s legislative agenda. That same month, news outlets reported a 76% drop in coal mining employment. Can we trust Judge Gary Johnson to defend Nicholas County against job-killer Barack Obama?”

After Johnson objected to the flier ( and probably threatened to sic the Judicial Ethics Panel on him), Callaghan removed the flier from his Facebook pages and ran radio ads saying the flier’s “specific characterization of the White House visit may be inaccurate and misleading,” and “candidate Callaghan apologizes for any misunderstanding or inaccuracies.” Continue reading →

Now THIS Is An Unprofessional Airline Pilot! (Also, I Fear, Nuts..)

/ Jack Marshall / 9 Comments

freakoutAs the Wall Street Journal James Taranto used to say on his late, lamented blog, “Everything seemingly is spinning out of control!”

United flight 455 from Austin to San Francisco was scheduled to depart Austin’s Bergstrom airport when the pilot, who was not in uniform, began ranting over the plane’s intercom first about her divorce, and then Donald Trump and Hillary Clinton.

Police removed the pilot from the plane, a new pilot was assigned to the flight, and the plane departed approximately two hours late. United Airlines apologized to its customers “for the inconvenience.”

Gee, United, how about apologizing for frightening the passengers to death by giving them good reason to believe they were about to be trapped in an airborne jetliner with an unraveling madwoman at the controls?

Of course, had she merely complained about President Trump to her trapped and captive audience, she would have been well within “Hamilton”  ethics.

(And no, I am not letting that fiasco go until every one of my friends from the theater world admit how wrong they were to make excuses for that miserable betrayal of theater ethics, and those who called me on the phone to shout at me and hang up apologize to my face, and maybe on their knees. I haven’t decided yet. They entirely relied on emotion and about twelve rationalizations, attacked me for being objective and not allowing my standards, unlike theirs, to be swallowed whole by ravenous partisan bias, and I will not soon forget it.)

___________________________

Pointer: Fred!

 

The President’s Ethics Grades So Far

/ Jack Marshall / 35 Comments

six-pillars

Is it fair to grade President Trump on his ethics after less than a month? Of course. If he wanted to pay attention to this area, the President would certainly seek an objective progress report. There has been enough activity in three weeks to give some preliminary grades. Ethics Alarms began this adventure with low expectations; after all, I have never read or heard a single statement from the President, ever, that suggests that he thinks about or cares about ethics at all. His behavior and opinions appear to be entirely governed by rationalizations, emotions, and impulse. However, we do have hope, and three weeks of a presidency is not sufficient to extinguish it. There is plenty of time for President Trump to address his ethical shortcomings

Let’s use the Josephson Institute for Ethics’ Six Pillars of Character for this exercise. All graded categories should be regarded as incomplete, and the offered grades as provisional only. Remember, these are ethics grades only.

I. TRUSTWORTHINESS, including Honesty in communication, Candor, Truthtelling, Reliability, Sincerity, Honesty in Conduct, Integrity, Loyalty

The President and his agents, like Spicer and Conway, have been especially loose with facts and assertions, some of which can be excused a bit as carelessness, but the sheer volume of misinformation is daunting. I suppose one could argue that Trump is reliably unpredictably, but that’s not what the value of reliability is all about. The President’s astounding verbal sloppiness makes it impossible to gauge sincerity (is he really out to ban Muslims, or just determined to keep out Muslim terrorists?) I score Trump relatively high on integrity, as shown by his Inaugural speech. Whatever he thinks he means, he really means it. (The contrast is Hillary Clinton.) Trump is loyal. Loyalty is a troublesome value that can be abused as often as not: he was loyal to appoint Ben Carson to the cabinet, but it’s still an unethical act, since Carson is unqualified beyond belief. But loyalty also covers conflicts of interest, and the appearance of impropriety. The President’s conflict of interest problems have not been seriously addressed, and won’t be.

He hasn’t been trustworthy, so his grade here is..

F

II. RESPECT, including Civility, Courtesy, Decency, Dignity, Tolerance, Acceptance, Autonomy Continue reading →

New Jersey Tries An Ethics Experiment

/ Jack Marshall / 23 Comments

bail-reform

New Jersey, a state for which many would say ethics itself would be a novelty, has taken the lead in a truly revolutionary criminal justice experiment that resolves an ancient ethical dilemma in favor of mercy and compassion. Beginning on January 1 this year, New Jersey  judges are expected to release all but the most dangerous and untrustworthy defendants pending their trials, often with certain conditions, rather than  to require cash bail as a condition of avoiding jail.

In 2014, voters decided to amend New Jersey’s Constitution and virtually eliminate bail, responding to a national movement to reform a system that has always discriminated against poor defendants. Although bail requirements are usually modest for most offenses (a bail bondsman typically charges a defendant 10% to post the entire bond), many defendants are still unable to pay even small amounts. Then they wait in jail, often losing their jobs and causing hardship for their families. Continue reading →

The Naked Teacher Principle, Ex-Porn Star Variation

/ Jack Marshall / 29 Comments
That's porn star Robyn (the blonde) on the left, in one of her online photos I can publish; and Resa, empowering teacher of young girls, on the left.

That’s former porn star Robyn (the blonde) on the left, in one of her online photos that I can publish; and Resa, empowering teacher of young girls, on the right.

It has been a while since the last Naked Teacher Principle episode. This one is pretty much standard, with the usual attendant lessons.

For the uninitiated, The Naked Teacher Principle (NTP), to which there are many sub-categories (my personal favorite is the “Naked Teacher Who Paints With His Butt While Wearing A Bag Over His Head Principle”), is this:

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

The first formulation of the NTP can be found here. The annals of this endlessly diverse issue are here.

Now the saga of Resa Woodward, aka Robyn Foster. Continue reading →

A Banner Day For Unfairness, Pettiness, Dishonesty, And Hypocrisy, Raising The Ethics Query: How Low Can Democrats And The News Media Go?

/ Jack Marshall / 21 Comments
Actually, mudslinging would be an improvement...

Actually, mudslinging would be an improvement…

…as well as the related queries..

1. How low do they think they can go without alienating every American with a conscience and a brain?

2. Does any leader with integrity, courage and influence exist in either journalism or the political left to call out this escalating madness?

Yesterday was a stinking garbage scow of unfiltered anti-Trump hate and public deception.

The Prayer Breakfast Freak-Out: I wondered if the Washington Post, which has made very clear its own attitude regarding prayer (and religion generally), would have the gall to criticize the President for not being sufficiently pious during yesterday’s Prayer Breakfast. Just two weeks ago, the Post mocked the Secretary of Agriculture nominee for once “praying for rain.” (The mocking headline has been scrubbed now) Sure enough, the Post did have such gall; so did MSNBC and other media outlets that regularly display contempt for the genuinely religious, a significant majority of whom are conservative and Republican.

The critics of the President’s comments care nothing about prayer, basically like me, but unlike Ethics Alarms they are willing to plow new ground in hypocrisy by using this superfluous event to launch more gratuitous outrage. The Prayer Breakfast has the same origins as the addition of God to the Pledge of Allegiance. It was an anti-Godless Communism grandstanding stunt by Fifties era Republicans at the height of their Red-Baiting mode.  Now the same anti-religion liberals who routinely condescend to the faithful, and lobby for taking all references to “God” out of official documents, the same anti-religious  zealots who have condemned Betsy DeVos for her support of Catholic schools, are deeply, deeply offended that the President joked about “The Apprentice” at a Prayer Breakfast.

The Frederick Douglas freakout: The President spoke of Douglas in the present tense in his random remarks about Black History Month on February first, prompting multiple cheap shots and despicable contrived insults. The Post wrote yesterday, Continue reading →

Supreme Court Vacancy Ethics: A Competent Choice, An Unethical Announcement, And An Irresponsible Reaction

/ Jack Marshall / 106 Comments

gorsuch

You know, if every day is going to set off multiple political ethics controversies, I’m not going to have time to write about lobster hats.

Last night, President Trump selected Colorado federal appeals court judge Neil Gorsuch as his Supreme Court nominee.

A. The Choice

Except for those who literally are determined to freak out and condemn anything President Trump does, this was a competent, responsible choice. He would be one of the best of the available choices for any Republican President, more qualified than Obama’s snubbed selection, Merrick Garland, to fill the same vacancy, and Garland was certainly qualified. It’s ridiculous that Gorsuch is one more Harvard grad on a Court that is exclusively Harvard and Yale, but that aside, he adds some diversity of outlook by being from the middle of the country rather than the coasts. He writes clearly, unlike, say, Justice Kennedy, and is not a pure political ideologue, like Ginsberg or Alito.

Before the Democrats’ rejection of Robert Bork shattered the tradition of allowing every President the privilege of having his SCOTUS nominations approved absent real questions about their competence or honesty, a nomination like this one would have garnered bipartisan praise. Trump made a responsible, competent, choice. Really. He did.

B. The Announcement Continue reading →

Encore: “The Guy In The Lobster Hat”

/ Jack Marshall / 51 Comments
(This isn't the guy. I think it's his son...)

(This isn’t the guy. I think it’s his son…)

Longtime reader and commenter Neil Dorr chided me today for writing so much about the post-election media, political, and legal  ethics breaches going on, and not as much on the types of topics I tended to cover on the old Ethics Scoreboard, now an archive of an earlier time  when I thought a few posts a week could cover the topic of societal ethics. I was more innocent then, and I also had to depend on a webmaster: I posted more essays in the first year of Ethics Alarms than the entire output of the Ethics Scoreboard. Neil said he missed posts like the one about “the Lobster Hat”. I have to say, I don’t think there have been many posts likethe  one about the lobster hat, which was one of my occasional “a day in Jack’s strange life” posts. I had forgotten about it completely. I tracked the decade old post down, however, and for Neil, and anyone else who is interested in lobster hats, here it is..

Today I accompanied my wife to a doctor’s appointment that she was dreading, and while we were checking in with the receptionist, a large, rotund fellow with a long white beard walked in to do likewise. On his head was what appeared to be a large, red lobster…a hat of sorts, though not a very seasonable or practical one. It was spectacular, however, with two large claws that drooped down about eyebrow level, and an impressive tail in the back. If I were ordering this specimen at Jimmy’s Harborside in Boston, it would be about a four-pounder.

I was amused at this unexpected sight, and said to my wife, loud enough so Lobster-topped Santa could hear me, “See? You think you have medical problems. This poor guy has a lobster attached to his head!” To my surprise, the man turned sharply and looked at me with a furious glare, snorted, and walked out the door, clearly offended, exactly as if I had said, “Wow! That’s some harelip you have there!” or “Gee, where does a guy as fat as you buy suits?” Continue reading →

Ethics Dunce: “The Big Hurt,” Frank Thomas [UPDATED]

/ Jack Marshall / 2 Comments
An ethics whiff for Frank Thomas

An ethics whiff for Frank Thomas

Baseball, and all its annual ethics puzzles, begins in about two weeks when Spring Training gets underway.  Meanwhile, I have to tolerate everyone talking about Tom Brady and the Cheating Patriots as the NFL makes billions encouraging  Americans to cheer for the gradual lobotomizing of young athletes for their pigskin entertainment. Still, even the off-season of America’s Pastime provides ethics fodder.

Frank Thomas, the 6’6″ 300 pound ex-first baseman, never was suspected of using steroids before he was elected to the  Hall of Fame, in part because he was naturally so huge and strong that if he had used steroids he would have ended up battling Godzilla in Tokyo. “The Big Hurt,” as he was called, was and is an outspoken opponent of steroid use in baseball, but speaking at  the annual White Sox fan convention last week, he proved that he is an ethics bush-leaguer.

The recent Hall of Fame vote  elected two players, Jeff Bagwell and Ivan Rodriguez, long rumored to be users of performance enhancing drugs, and the vote totals showed  increased support for uber-steroid cheat Barry Bonds and accused steroid-user Roger Clemens. The New York Post reported that Thomas said, without mentioning names, after he was asked how he felt about the election results, Continue reading →

It’s Theater Ethics vs. High School Ethics, And Incredibly, Both Win

/ Jack Marshall / 17 Comments

New Jersey’s Cherry Hill School District announced last week that the planned Spring student production of the 1998 Broadway musical “Ragtime” would continue to be rehearsed and would proceed, despite the complaints of some parents. However, student actors would not use “nigger” and other racially-charged terms in the original script. They would be changed or eliminated, the District said.

A spokeswoman for the district, said at the time that officials had already been discussing the possibility of censoring the Cherry Hill High School East production when the Cherry Hill African American Civic Association and the NAACP offered their remedies: censorship, political correctness, and bye-bye free expression and thought. Of course this was their reaction. It is simple-minded, but typical of left-wing political correctness tyranny. It doesn’t matter what ideas are being conveyed, certain words cannot be used to convey them. Whenever possible, the heavy boot of government should crush the non-conforming expression. Also “of course,” lily-livered school administrators initially offered no opposition. Duck the controversy, and the real issues be damned. After all, it’s just a high school musical.

Unfortunately, there was the little issue of licensing agreements. “Ragtime” is a work of art, not that the NAACP cares, and artists have a right to control how their work is performed, even in Cherry Hill. The contract under which the school was allowed to produce the show specifies that the script and songs must be performed as written, no exceptions.

The National Coalition Against Censorship, the Dramatists Guild of America, and Arts Integrity Initiative wrote a smart letter urging the school officials “to reconsider and reverse [the] decision to censor “Ragtime”:

“Ragtime’s” use of racial slurs is an historically accurate and necessary aspect of a play that explores race relations in the early 1900s. Ragtime helps minors understand the brutalities of racism and the anger that has historically accumulated, partly through the use of racially offensive language. In contrast, censorship of such language ignores historical reality and presents a falsified, whitewashed view of race relations. Censoring the play will only perpetuate ignorance of our past. While we empathize with concerns about the emotionally disturbing effects of hearing or uttering racial slurs, we believe such concerns are to be resolved through educational means, not by censoring a renowned text. In our experience, similar concerns… have best been confronted through dialogue rather than censorship.”

Then the students, who had been rehearsing the show since before Christmas (no, real high school performers can’t prepare an elaborate show of professional quality in a few days, as “Glee” would have us believe), created a petition on Change.Org: Continue reading →