Ethics Quote of the Week

“Let me just make this point, John, because we’re not campaigning anymore.  The election is over.”

———-President Barack Obama at the so-called “Health Care Summit” at Blair House, in response to Sen. John McCain’s complaint that the process used to craft the Presidents’ health care reform bill expressly violated promises Obama made during the 2008 campaign. Continue reading

The Paterson Scandal: Another Governor Bites the Ethics Dust

For weeks, rumors have been swirling around New York Governor David Paterson, indicating that the New York Times was about to drop a scandal bombshell that would mortally wound his political career. The rumors themselves became a story, bringing some sympathy to Paterson as a political figure being smeared by whispers and innuendo. Paterson, who became governor when his predecessor, Eliot Spitzer, disgraced himself and his office by patronizing exactly the kind of prostitution ring he made his reputation prosecuting, was already unpopular and hadn’t helped himself any by claiming his unpopularity was fueled by media racism.

The good news for Paterson: from this point on, he needn’t worry about racism being the cause of his low approval ratings.

The bad news: The New York Times did have a scandal to investigate, and it shows the governor to be almost as great a hypocrite as Spitzer, as well as an abuser of his power and position. Continue reading

A Northwestern University Education, 2010

“Ethics in Politics: An evening with Former Governor Rod Blagojevich,” will be presented by Northwestern University at Cahn Auditorium next week for the education and edification of its students and others in the university community.

Future programs under consideration by Northwestern include:

  • Career Development and Image Enhancement: an evening with Lindsay Lohan
  • Civility in the Public Square: an evening with Rep. Alan Grayson
  • Retirement with Dignity: an evening with O.J. Simpson
  • Building Trust: an evening with Bernard Madoff

I am depressed, and am going to bed.

But if you have  similarly edifying programs to suggest, I will pass them along to the Northwestern administration.

Ethics Hero: Sen. Scott Brown

It doesn’t matter whether the Obama Administration jobs bill Sen. Brown voted for is a good bill or not. He is an Ethics Hero for not marching in lock-step according to the demands of those who voted him into office to break the Democratic so-called “filibuster-proof” majority. A U.S. Senator, any Senator, has an ethical duty to excercise independent judgment. In light of the weight of expectations placed on him by conservatives and Obama opponents in the wake of his upset victory in Massachusetts, Scott Brown’s willingness to break ranks so early in his tenure speaks well of his character. Continue reading

Randy Cohen Watch: “The Ethicist” vs. Integrity, Accountability, and the Law

Randy Cohen, “The Ethicist” of the popular New York Times Magazine column, frequently gets in trouble when he opines on the law, legal ethics, and how lawyers interact with society. This week he was at it again, and he got in trouble, all right. Big time.

Bruce Pelligrino wrote to the column to get “The Ethicist’s” take on the actions of a friend, who told Bruce he wanted to hire a lawyer to challenge a speeding ticket even though he had admitted to the police officer, in the presence of his children who were passengers in the car, that he had been driving 51 m.p.h . where the limit was 35.

“I think he should accept the consequences, learn from the experience and give his children a lesson in ethics,” wrote Pelligrino. ”Shouldn’t he just pay the ticket?”

Cohen sided with the speeder, opining…

“Even those who think themselves guilty are entitled to their day in court, and there is civic virtue in their exercising this right. A trial is a way to hold officials accountable for their conduct. Was the radar gun accurate? Was the speed zone clearly marked? Did the police officer behave properly? And what, given all the circumstances, is an appropriate punishment? Little of this could be scrutinized if everyone simply paid the ticket. It would be a court-clogging nightmare if every self-confessed speeder demanded a trial, but it is a fine thing if, now and then, some people do.”

Randy appears to have misunderstood the question, believing that Pelligrino’s friend was being charged with an arcane S.E.C. violation, or some intricate form of criminal conspiracy. The guy was driving too fast, knew it, and got caught! What does Cohen mean “Even those who think themselves guilty”? The driver admitted he exceeded the speed limit on the basis of his own car’s speedometer; he didn’t “think” he was guilty; he knew with complete certainty he was guilty, and said so to the cop who stopped him.

“The Ethicist” thinks “it’s a fine thing” for that driver to renege on his admission and impugn the policeman’s behavior, challenge the speed limit posting and question the radar gun to get out of a wrongful fine for an act he admits he committed. How could this course of action possibly be called ethical?

Here is what really is “a fine thing,” Randy: integrity—sticking to one’s word and backing it up with action. The driver said the ticket was correct. It is dishonest and irresponsible for him to turn around and challenge it as Cohen suggests. Here’s something else that is “a fine thing,” Randy: accountability—admitting when you have done wrong when you know it and accepting the consequences. The purpose of the legal system is not to encourage citizens to try to avoid just consequences for admitted violations of the law. Yes, as Cohen correctly notes, everyone has a right to challenge charges in court, but as anyone who calls himself an ethicist is supposed to know, it is not always ethical to exercise a right. Banks have the right to kick elderly homeowner out onto the street as soon as they fall behind on their mortgage payments. I have the right to limit my circle of friends and business associates to straight, white, Protestant bigots. I have the right to be blatantly incompetent in my free ethics commentary, and, like Randy in this case, to give mistaken and even harmful advice. All of these things are still unethical, however.

The Ethicist’s answer to Mr. Pelligrino’s query is unethical too, dramatically so. Cohen is saying that it is reasonable and ethical to force a trial on a traffic offense when…

  • The driver admitted the offense to the police officer…
  • …in front of his children…
  • …in order to challenge the veracity of the officer, who took his admission in good faith…
  • ….requiring the officer to appear in court, taking him away from community law enforcement duties…
  • …taking up court time, using taxpayer-funded personnel, that should be devoted to cases where the facts are genuinely in dispute…
  • …with the objective of avoiding the payment of a just fine to the government, where it would be used for community purposes, in order to transfer money instead to the pocket of, not just a lawyer, but the unethical species of lawyer who is willing to take unconscionable cases…
  • …thus teaching the driver’s children, if the driver prevails, that the objective in life is use the system to avoid accountability, even when you deserve to be punished, and..
  • …that respect for the law is less important than avoiding a thoroughly earned fine, and
  • …that speeding is all right if you can get away with it, thus…
  • …increasing the likelihood that the children themselves will regard excessive speed this way when they become drivers, and also increasing the chances that their driving habits will cause harm to themselves or others.

I have  read “The Ethicist” for years, I have learned that Randy Cohen has unseemly problems with honesty, a reflex prejudice against law enforcement, and shocking and brazen cluelessness on matters of legal ethics and the exercise of legal rights. Bruce Pelligrino managed to ask a question that involved all of them, and the result was one of the most indefensible answers I’ve seen from Cohen yet.

Why Mitt Romney is Not Going to Be President

Now that the individual who supposedly assaulted former Massachusetts Governor Mitt Romney on a flight from Vancouver has told his side of the story, we have one more bit of evidence about Mitt Romney’s character, and it isn’t encouraging.  Romney claimed that he told the passenger in front of him to bring his seat back up for take-off, and the man struck him. He told the flight attendant the same thing, resulting in the passenger being removed from the flight.

Now the passenger, a successful rapper named Skyler Gordy, has made a video giving his side of the story, and it is 100% more believable than Romney’s version. Continue reading

Of Presidents Day, Atticus, a Congressman’s Dilemma and Serial Moms

Short Alarms:

  • With increasing numbers of young Americans knowing embarrassingly little about our nation’s past, the wrong-headedness of President’s Day rankles worse than ever. Rather then designate the February birthdays of our two greatest presidents—Washington, the “indispensable man” who made the United States a reality, and Lincoln, the brilliant leader/philosopher who kept it from tearing apart—as yearly commemorations of their remarkable lives and our debt to them, Congress lumped them into a generic “Presidents Day,” thereby demonstrating that it deemed a three-day weekend and consumer merchandise sales more important than our heritage. Worst of all for ethics fans, George, who “wouldn’t tell a lie,” and Honest Abe are the only U.S. Presidents remembered for their truthfulness. Yet here they are, forced to share their “day” with the likes of Woodrow Wilson, Harding, J.F.K, L.B.J., Tricky Dick and Bill Clinton. The right thing to do would be to go back to celebrating February 12 and 22. Washington and Lincoln deserve it, and so do the values they stood for.
  • Speaking of ethics icons, one of my wife’s favorites,”To Kill A Mockingbird’s” Atticus Finch, has been under attack in some quarters for being passively acquiescent in the Jim Crow morality that convicts his black client despite overwhelming evidence that he is innocent. 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

Ethics Quote by an Ethics Hero: Adm. Mike Mullen

“No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.”

U.S. Joint Chiefs of Staff chairman Adm. Mike Mullen

Admiral Mullen made the statement testifying last week to the Senate Armed Services Committee, as he urged the repeal of the military’s “don’t ask, don’t tell” policy that permitted the military to discharge gay personnel once their sexual orientation became known, by whatever means.

[Special thanks to the Institute for Global Ethics for reminding me (via its weekly e-mail bulletin] that I had neglected to give Mullen credit last week for a much-needed endorsement of this policy change from a military leader of impeccable credibility.]

Trust the Science, Not the Scientist?

The Wall Street Journal has a depressing piece about recent examples of unethical and fraudulent conduct in the world of science, including, naturally, the latest global warming flap resulting from the UN mistakenly warning that the Himalayan ice caps were melting away,  and would be gone by 2035. This story, coming on the heels of the East Anglia email revelations, has added to justifiable public confusion over climate change, how fast it is happening, how well it is understood, and why governments are so eager to throw billions at a “solution” when there seems to be so much uncertainty. Continue reading