Ethics Quote Of The Day (Christmas Confusion File): Jonathan Turley

“Best wishes to everyone celebrating Christmas.”

—- Law Professor and blogger Jonathan Turley, wishing at least some of his readers a merry Christmas.

Get ready to duck, Fred!

Get ready to duck, Fred!

Prof. Turley is a lawyer, of course, and trained to express himself with precision. Thus I have to ask: what the heck is he trying to say here?

Is he wishing good tidings only those who, like his family, are celebrating Christmas, and rotten times to the rest? Is he editing the humanist message of Christmas to “Peace on Earth, and good will to those who are putting up Christmas trees and giving gifts, other wise you’re on your own”?

Or, as I fear greatly, given the fact that he is part of the U.S. education establishment and thus prone to have a spine of cream cheese, just observing the trendy political correctness that infects our times, and bowing to those who contrive to take offense when anyone smiles at them and offers a greeting that only says, at minimum, “We’re all in this together, so let’s try to be as good to each other as we can, OK?” Continue reading

Knock-Out Punches, Murder and Political Correctness Bullying: Let’s Play “SPOT THAT DECEIT!”

Game show set

I am fascinated by deceit, and not just because I live near Washington, D.C., where it is the official tongue. It is fascinating because deceit is often the most effective kind of lie, tricking a listener or a reader  using their own assumptions, desires, misplaced trust or inattentiveness against them by stating a literal truth to imply an actual falsehood. Most of all, deceit is fascinating because so many people, including those who employ it habitually, think that it isn’t a lie at all.

This morning I found three wonderful examples of deceit, brought to our attention by three distinguished bloggers, so let’s play the challenging, exciting and never-ending game that’s sweeping the nation…

Spot That DECEIT!

Let’s warm up with something easy…

1. The NFL Deceit

Law prof-blogger Ann Althouse found it difficult to believe that the NFL hadn’t seen the videotape showing Baltimore Ravens stat Ray Rice knocking out his fiancee with a well-aimed punch before it gave him his first, absurdly light punishment, though the official spokesperson yesterday said…

“We requested from law enforcement any and all information about the incident, including the video from inside the elevator.That video was not made available to us and no one in our office has seen it until today.”

OK, audience…

Spot That DECEIT!

Continue reading

Comment of the Day #2: “Animal Ethics: Now THIS Is An Unethical Veterinarian”

Sid the dog

Rarely has a post generated as many defenders of the target of my critique as the recent Ethics Alarms commentary regarding the Fort Worth, Texas arrest of Dr. Lou Tierce, an aging veterinarian who, according to Jamie and Marian Harris, agreed to euthanize their dog Sid—that’s Sid above— based on Tierce’s diagnosis, but instead kept the dog caged in filthy and inhumane conditions for six months, until a whistleblower on his staff alerted the Harrises. 

Here is a portion of the arrest report, regarding another dog at the same clinic:

“The dog was lying on the floor twitching in pain with one leg missing, one leg dislocated and two dislocated shoulders. I then spoke to the suspect, Dr. Millard Lucien Tierce. He told me that the injured black and white collie was his dog. He said he had given water and food to the dog but had not given any medical treatment to the dog. He said he had not euthanized the dog even though in his professional opinion he knew it needed to be.

Dr. Morris, DVM, of the Fort Worth Animal Clinic, arrived on the scene and performed an evaluation of the dog. He informed me that in his professional opinion the animal was a victim of animal cruelty and the conditions of the clinic were deplorable.

Animal Cruelty Investigator R. Jacobs spoke to Dr. Millard Tierce. Tierce told him he knew the dog needed to be euthanized but he did not allow it. He signed over ownership of his dog to the Fort Worth Animal Control and the Fort Worth Animal Control took the dog to their facility.

On April 29, 2014, Dr. M.L. Morris, DVM examined the black and white border collie. Dr. Morris concluded that the dog was emaciated, had severe mouth disease, cataracts, abnormal overall health, non-ambulatory bottom of foot missing, had a degenerative neurological and untreatable disease and should have been euthanized when originally accepted for treatment. The dog was then euthanized by the city of Fort Animal Shelter.

Due to the aforementioned facts and information being related to me as a result of this investigation, I have reason to believe and do believe that Millard Lucien Tierce, did commit the offense of Cruelty to Non-Livestock Animals, against the laws of the State of Texas as set forth in the Penal Code; 42.092 (b)(l).”

Nonetheless, several loyal clients of Tierce’s clinic wrote to protest. They had entrusted their pets to him for many years, and he was clearly incapable of any kind of cruelty to Sid or any animal. The real villains were the Harrises. Or the tech who alerted them that their dog was still alive and being used for blood transfusions. Just wait, they assured me, when all the facts come out, this veterinarian from Hell will be exonerated. That the only way this could possibly occur would be for it to be proven that what the police thought was Sid was actually a hologram didn’t deter the doctor’s defenders at all.

Luckily, commenter Candy Roberts, a veterinary technician, put their arguments in perspective. Here is her much appreciated Comment of the Day on the post, Animal Ethics: Now THIS Is An Unethical Veterinarian: Continue reading

Animal Ethics: Now THIS Is An Unethical Veterinarian

Believe it or not, Dean Jones was a NICE vet compared to Dr. Tierce...

Believe it or not, Dean Jones was a NICE vet compared to Dr. Tierce…

Yechh. This story reads like a sick version of “Beethoven,” which, as all you Charles Grodin fans will recall, featured a villainous veterinarian (Dean Jones, no longer cute) who stole pets to use for medical research.

In Fort Worth, Texas, Jamie and Marian Harris took their dog, a 5-year-old Leonberger named Sid, to the well-respected  Camp Bowie Animal Clinic, to be treated for what they thought was a minor health issue. After undergoing treatment,  Sid developed trouble walking and the veterinarian, Dr. Lou Tierce, told the Harrises that  their dog  had an untreatable spinal condition that would get worse, cause him increasing pain, and ultimately cripple him completely. The family was told the best option was to have Sid euthanized. The couple and their young son agreed, said their goodbyes and authorized the clinic to bury Sid on the vet’s farm.

Six months later, a veterinarian technician named Mary Brewer, who worked at Camp Bowie, contacted the Harrises to inform them that Sid was alive and being kept alive in a cage, surrounded by his urine and feces, so he could be used for blood transfusions to treat other dogs.
Continue reading

Ethics Dunce: Belmont Law School

Gonzalez

Belmont Law School, in Tennessee, has appointed former Bush Attorney General Alberto Gonzalez as its new dean.

Unbelievable.

Here is law professor/blogger Jonathan Turley’s reaction, in part. I concur completely, and cannot improve on it:

“Gonzales is widely blamed for politicizing the Justice Department, destroying its credibility, appointing substandard officials, and turning a blind eye to egregious violations like the torture and surveillance programs. …For many, this appointment looks like a provisional law school accepting an equally provisional lawyer as dean. Gonzales will not help the law school’s reputation. The school defines itself as “Belmont University is a student-centered Christian community providing an academically challenging education that empowers men and women of diverse backgrounds to engage and transform the world with disciplined intelligence, compassion, courage and faith.” Gonzales has declared that he is committed “to make Belmont the greatest law school that it can be.” Given the fact that Gonzales took a department with a stellar reputation and devastated both its professionalism and reputation, that statement is rather chilling.”

If that weren’t enough, the appointment also means that there is now a precedent for appointing Eric Holder as a law school dean some day.

 

Incompetent Elected Officials Of The Month: Chicago City Council

Rugby, my pure Jack Russell Terrier (though "pure" is an oxymoron with Jacks)

Rugby, my pure Jack Russell Terrier (though “pure” is an oxymoron with Jacks)

Laws affect our lives too much to be concocted by dolts. If elected officials are going to restrict our freedom, they have an obligation to do so only with good cause, careful consideration, precision, and after making certain that unintended consequences will be minimal.

On the other hand, elected official could just say “What the hell, let’s see how this turns out,” and be like the Chicago City Council, which passed an ordinance banning the sale of pure breed dogs.

This is as nice an example of good intentions gone stupid as we are ever likely to see. The intent is to cut off the supply of dogs from s0-called puppy mills, which are rightly regarded as too often cruel and irresponsible. However, in pursuit of that elusive goal, the city council didn’t bother to craft a law that addressed the problem effectively, or that even made sense.

Continue reading

How Can Lawyers Be Shockingly Unethical Without Breaching Any Legal Ethics Rules? Meet Styles & Pumpian

"Let's have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon....Ok, now that's over, how can we keep his fee from his family?"

“Let’s have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon….OK, now that’s over, how can we keep his fee from his family?”

Ira Bordow, a partner in the Wisconsin law firm of Styles & Pumpian, had been handling a family’s dispute with an insurance company. Successfully too: he negotiated a $250,000 settlement, and the company sent him the check for that amount, to be divided among the plaintiffs and Bordow’s firm. Bordow, as a partner, was going to get a $41,666 share.

The 54-year-old lawyer, however, had problems of his own that money could not solve, and committed suicide. His brother found the quarter of a million dollar check on the seat of Bordow’s Lexus coupe, and properly and correctly sent it on to  Styles & Pumpian.  Bordow had already earned his cut of the settlement at before he took his own life, for he, and the firm, were working on a contingent fee basis. The representation was at an end. Apparently, however, once the firm had the check in hand, the brilliant legal minds at Styles & Pumpian applied their craft to thinking of ways they could avoid paying the grieving family of their tragically demised partner any of the loot. They thought of one too, at least one they felt was worth a shot.  The firm is refusing to pay the Bordow estate the late lawyer’s $41,666 cut, arguing that Bordow’s suicide in his River Hills home negated his partnership agreement with the firm. It was a breach of contract, they say, and thus, even though he would have received the money if he had lived, the firm can keep it now.

Continue reading

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

This principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading

The Fifth Annual Ethics Alarms Awards: The Best of Ethics 2013

Ethics Story 2013

I decided to start with the Best in Ethics this year, in contrast to other years, on the theory that it would get things off to a positive start in 2014. What it did, instead, was make me realize how negative Ethics Alarms was in 2013. Either there wasn’t much positive going on in ethics, or I wasn’t seeing it. My thanks to those of you who send me nominations for Ethics Heroes (and other stories); even when I don’t write about them, they are valuable. Please keep them coming. In the meantime, I pledge to try to keep the jaundice out of my eye in 2014. Things just can’t be as dire as they seemed last year.

Could they?

Here are the 2013 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The U.S. Supreme Court declared the Defense of Marriage Act unconstitutional, paving the way for the universal legalization of gay marriage. Yes, it was a legal decision, but it was also based, as all such culturally important decisions are, on a societal recognition that what was once thought to be wrong and immoral was, in fact, not. This is ethics, an ongoing process of enlightenment and wisdom about what is right and wrong, and the U.S. Supreme Court did its part. Continue reading

Ethics Dunce + Incompetent Elected Official = Censorship In North Carolina

Thank-you. I see no reason to believe that your funding is in any jeopardy, by the way."

Thank-you. I see no reason to believe that your funding is in any jeopardy, by the way.”

Central Carolina Community College pulled the plug on a public affairs  talk show airing on its radio station after a legislative assistant for State Rep. Mike Stone complained about an online post by one of the show’s hosts, criticizing the  Sanford, N.C. Republican.  Susan Phillips, Stone’s legislative assistant, wrote the school’s president, T.E. “Bud” Marchant, with pointed questions about the program’s affiliation with the school, funding sources, and budget.  Central Carolina Community College is one 58 community colleges in North Carolina that depend on the  legislature for funding, and Stone’s message was received loud and clear. Marchant shut down the show, known as “The Rant,” two days later. He also denied that Stone’s interference had anything to do with it.

Sure.

There shouldn’t be any question over what happened here. An elected official in a supposedly democratic nation decided to abuse his position and power as well as violate his oath of office  by using veiled threats and intimidation to stifle Constitutionally protected criticism of his job performance, and a craven educator caved to his pressure, violating his duty of respecting academic freedom and standing against efforts by the state to stifle free speech and political dissent. Marchant, if he had even a rudimentary backbone, would have told Stone’s minion to back off and reported this clumsy attempt at extortion to the area’s news media. Stone, if he had any integrity or respect for the founding principles of the United States, would have taken “The Rant’s” host’s criticism like an adult and a believer in free speech, and responded with a defense or a rebuttal, not by leaning on the radio station’s management. As for Marchant’s incredible claim that Stone’s complaints and the show’s demise were unrelated, even if that were true, his creating the appearance of censoring campus speech in response to government disapproval would be nearly as offensive as censorship itself, because it would still have the effect of chilling First Amendment rights.

I’m certain, considering what appears to be the generally low quality of state legislators across the country (which figures, given the abysmal quality of national legislators), that this kind of thing occurs far more frequently than we know. Let’s see if Stone’s bedrock, conservative supporters are sufficiently offended by his efforts to use government power to muzzle adverse opinion, and send him on a new career path. My guess? This incident won’t make any difference to his election chances at all, if voters like Stone’s politics and believe the radio host is a nettlesome lefty. We are constantly told how much of the country is willing to dispense with the Second Amendment, as if that proves that amendment is archaic. Sincere public support for the First Amendment is similarly shaky.

All right, let us agree that both legislator and college president are unqualified for their positions by virtue of their abandonment of their ethical obligations in their respective roles—Stone’s duty to respect free speech and observe proper limits on government power, Marchant’s duty to protect academic freedom and oppose government efforts to stifle free expression. That still doesn’t justify the elitist coverage of this story by Jonathan Turley, whose blog post first alerted me to it. For some reason, the noted civil rights expert and law professor believes that it is Stone’s wan academic credentials and humble work experience that explain his bullying tactics. Why else would Turley feel it is germane to note that Stone lists his education as ‘“Attended, Accounting, Central Carolina Business” and lists his experience as “Business Owner, O’’Connell’s Grocery Store”’ ? Why is any of that relevant? The law school professor is evidently a bigot, and believes that one’s ethical instincts and character are directly proportional to one’s degrees and work experience.

Rep. Stone is a citizen of the United States, and like every citizen, should be presumed to know about the Four Freedoms whether he graduated from Harvard or the School of Hard Knocks. There are plenty of well-credentialed bullies, fools and ignoramuses in elected office. It is sufficient to judge Stone by what he did; Turley’s implied ridicule of his educational and work background is a cheap shot, and reflects badly on the commentator, not his target.

_____________________________

Pointer: Res Ipsa Loquitur

Facts: NC Policy Watch

Graphic: Pozniak