Tag Archives: judges

A Brief #MeToo Related Note…

“Judges have a special responsibility to promote appropriate behavior and report instances of misconduct by others, including other judges,”  states the executive summary of a report submitted to the Judicial Conference of the United States, referring to the workplace.

No, everybody has a special responsibility to promote appropriate behavior and report instances of misconduct by others—including judges, lawyers, artists, CEOs, managers, actors, journalists..all “others”) in the workplace.  Judges aren’t special. Anyone who allows a co-worker, a colleague, a superior, a manager or an officer to engage in workplace harassment without taking steps to expose it and end it is complicit in the victimization of the individuals harmed.

Someone ask Bill Clinton, who, hilariously, now says that he supports #MeToo, if he agrees with the above statement. How many people, do you think, had to fail their responsibility to promote appropriate conduct by him in the workplace, for him to obtain power and influence, and convert it to great wealth? Hundreds? Thousands? Tens of thousands? More?

Who else should we ask?

_________________________

Source: ABA Journal

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Morning Ethics Warm-Up, 4/24/18: Presidents, PETA, Privilege, Penn State And Pedophiles

Good Morning.

It just feels like a gliddy glup gloopy nibby nabby noopy kind of day…

1. Musings on the illness of George H.W. Bush. Perhaps I am over-sensitive, but I found the long segments and speculation on cable news this morning about George H.W. Bush suffering from “broken heart syndrome” sensational, intrusive, and wrong. The man is 93, and he’s suffering from a blood infection. As my Dad said often after his 80th birthday, and eventually proved, when one is 80 or more. you can drop dead at any moment, for any reason. Yes, we all know of long-time married couples of advanced years who perish in close proximity. However, the “broken heart syndrome” is anecdotal, without clinical proof, and, essentially, fake news with a romantic tinge.

[Pointer: valkygirrl]

If vile people like Professor Jarrar will attack Barbara Bush when she dies, imagine what George H.W. Bush has in store. The elder Bush is near the bottom of my Presidential ranking, in the general vicinity of his son, Jimmy Carter and Barack Obama but The Ethics Alarms position is that every single President of the United States is owed respect and a debt of gratitude for accepting the overwhelming challenges of the job, and doing, in every case, what he felt was in the best interests of the nation. Before Harry Truman, even taking away the assassinations from the mix, the Presidency was regarded, accurately, as a killing job, with more Presidents than not dying soon after leaving office. That’s not true any  more, but the job is still a terrible physical, emotional and mental burden. The first words out of any American’s mouth when a former President is ailing should be “You have the best wishes of the nation,” and the first words when any former President dies should be “Thank you.”

2.    And this has to do with “collusion” how?  The raid on President Trump’s fixer Michael Cohen revealed that Fox News host Sean Hannity owns millions of dollars worth of real estate across several states, with  links to several shell companies that bought $90 million on 877 residential properties. This is all confidential information, and should never have been jeopardized by the Special Counsel’s effort, coordinated with New York State prosecutors, to gather as much dirt on President Trump as possible—all the better to impeach him with. That this information was leaked to the press indicts the investigation, the process, the judge who allowed the  fruits of the raid unrelated to Trump to be obtained, and the lawyers involved. Of course, the fact that Cohen had these records also rebuts Hannity’s claim, obviously disingenuous from the start, that he wasn’t Cohen’s client, but never mind: Hannity should not have been placed in the position where there was anything to deny.

[Pointer: philk57] Continue reading

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Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid

Wake Up!

1 Fake history, baseball style. Broadcasts of Red Sox games from Fenway Park in Boston refer to “the Pesky Pole,” the official name of the tall, yellow foul pole in right field. It is named in honer of the late Johnny Pesky, who also is honored in a statue outside the park—it featured him and his team mates and longtime friends, Ted Williams, Dom DiMaggio, and Bobby Doerr. Pesky, with a couple of brief interruptions,was a Red Sox lifer, beginning with his 1942 rookie season, and ending with his death several years ago as an honorary coach. In between, he was Sox minor league manager, the big team’s manager, a hitting coach and a broadcaster.

The Pesky Pole got its name because the notoriously power-free shortstop reputedly hit several of the few he managed to slug in his career by knocking a pitch  around the marker, which arose from  what is now the shortest foul line in baseball. The  low Fenway right field fence veers sharply out from there to over 400 feet, so such homers are considered, and indeed are, lucky flukes. During his brief and undistinguished tenure as a Red Sox radio color man, former Red Sox pitching ace Mel Parnell repeatedly told the story about how Johnny won a game for Mel in 1948 with a pole-shot. This tale led directly to the team officially naming the pole on September 27, 2006, on Pesky’s 87th birthday, with a commemorative plaque placed at its base and everything.

Afterwards, and not before, someone actually checked the game records. Pesky never hit the home run  described by Parnell. He only hit six home runs in Fenway at all, and nobody knows how many hit the pole, looped around the pole, or even went to right field. (Pop-ups hit by Punch-and-Judy hitting shortstops sometimes landed in the screen over the left field wall for home runs, as the cursed Bucky Dent can attest.) Nevertheless, the fake history is in place: the Pesky Pole is named that because Johnny Pesky hit a famous home run off of it, or was famous for looping cheap homers around it, or something.

Baseball excels at creating fake history, the most notable being represented by the locale of its Hall of Fame, in Cooperstown, New York. When the museum was envisioned, the accepted story about the game’s origin was the Union general Abner Doubleday invented the sport in 1839 and organized the first game in Cooperstown. After the construction was underway,  research suggested that everything about the Doubleday tale was rumor and myth, but baseball and the museum’s management, in one of the all-time classic examples of adopting the philosophy of the newspaper editor in “The Man Who Shot Liberty Valence,” went to great lengths to keep the original story before the public. Eventually some hard evidence surfaced suggesting that the game was invented by Alexander Cartwright, who was eventually inducted into the Hall as the game’s creator, while Doubleday is not. Nonetheless, the myth survives. Major League Baseball Commissioner Bud Selig, for example,  said in 2010 that “I really believe that Abner Doubleday is the ‘Father of Baseball.'” This is the equivalent of saying that one believes in the Easter Bunny.

Selig was later inducted into the Hall of Fame.

2.Believe it or Not! I would support impeaching  President Trump for his tweeting attacks against Amazon. This is such an abuse of Presidential power that it demands at least a Congressional reprimand or sanction. Amazon lost $53 billion in market value in the wake of the tweets, meaning that investors, retirees, and ordinary Americans lost wealth as well. It is unconscionable for a President of the United States to deliberately target a company, just as it is wrong for a President to punch down at a private citizen, but the consequences of doing what Trump has done to Amazon is far, far worse. The Wall Street Journal suggested in an editorial that if the attack on Amazon was politically motivated because Amazon mogul Jeff Bezos owns the Washington Post, impeachment would be justified. Yes, that would be even worse, but it is not an essential element of this “high crime.” The President of the United States must not abuse his power by intentionally harming lawful businesses.

The foolish resistance is so focused on trying to impeach Trump based on exotic laws and imaginary conspiracies that it doesn’t see the real thing when it’s right in front of its face, and the anti-Trump media has so destroyed its credibility by embracing ridiculous impeachment theories that a valid one will just look like more of the same. Continue reading

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Morning Ethics Warm-Up, 3/31/2018: The Baseball-Trained Rifleman, The Hockey Hero Accountant, And Some Other Stuff That’s Just Annoying…

Good morning!

1. “The Rifleman” and “Fix the problem.” I recently was interviewed by a graduate student in organizational leadership and ethics. One thing we discussed was how popular culture in America once dedicated itself to teaching ethical values and ethics problem-solving, especially in shows aimed at young audiences. This is not so true any more; indeed, popular culture models unethical conduct at least as often today.

I told my interviewer about recently watching an episode of “The Rifleman,” the early ’60s TV Western about a single father raising his young son while being called upon to use his skill with a rifle to fight for civilization in the harsh frontier.  In the episode, hero Lucas McCain (played by the under-rated Chuck Connors) had to deal with an old friend, now an infamous outlaw, who had come to town. (The ethical conflict between personal loyalty and an individual’s  duty to society was a frequent theme in Westerns.) Lucas was a part-time deputy, and at the climax of the episode, his friend-gone-bad is prepared to ride out of town to escape arrest for his latest crime. Lucas tells him not to leave, and that if he tries to escape, Lucas will have to let his custom-made rifle settle the matter, as usual. (Peace-loving Lucas somehow managed to kill over a hundred men during the run of the series.)  Smirking, his friend (Richard Anderson, later known as the genius behind “The Six Million Dollar Man”), says that he knows his old friend is bluffing. For Lucas owes him a lifetime debt: he once saved “The Rifleman’s” life.  You’re a good man and a fair man, the villain says. “You won’t shoot me. I know you.” Then he mounts his horse , and with a smiling glance back at “The Rifleman,” who is seemingly paralyzed by the ethical conflict, starts to depart. Now his back is all Lucas has to shoot at, doubling the dilemma.  You never shoot a man in the back, an ethical principle that the two officers who killed Stephon Clark somehow missed. We see McCain look at his deadly rifle, then again at the receding horseman. Then, suddenly, he hurls his rifle, knocking his friend off his horse. The stunned man is arrested by the sheriff, and says, lamely, as he’s led away. “I knew you wouldn’t shoot me.”

I love this episode. It teaches that we have to seek the best solution available when we face ethics conflicts, and that this often requires rejecting the binary option presented to us, and finding a way to fix the problem.

Of course, it helped that Chuck Connors used to play for the Dodgers, and could hurl that rifle with the accuracy of Sandy Koufax.

2. Here we go again! Now that anti-gun hysteria is again “in,” thanks to the cynical use of some Parkland students to carry the anti-Second Amendment message without having to accept the accountability adults do when they make ignorant, dishonest, and illogical arguments in public, teachers and school administrators are back to chilling free speech and expression by abusing their students with absurd “no-tolerance” enforcement. At North Carolina’s Roseboro-Salemburg Middle School, for example, a 13-year-old boy in the seventh grade was suspended for two days for drawing  a stick figure holding a gun.

I drew pictures like this—well, I was little better at it—well into my teens. It’s a picture. It isn’t a threat. It isn’t anything sinister, except to hysterics and fanatics without a sense of perspective or proportion—you know, the kind of people who shouldn’t be trusted to mold young minds. “Due to everything happening in the nation, we’re just being extra vigilant about all issues of safety,” said Sampson County Schools’ Superintendent Eric Bracy, an idiot. How does punishing a boy for a drawing make anyone safer? It makes all of us less safe, by pushing  us one step closer to government censorship of speech and thought.

Then we have Zach Cassidento, a high school senior at Amity High Regional School in Connecticut who was suspended and arrestedarrested!—for posting a picture of his birthday gift, an Airsoft gun, on Snapchat. He was not charged, but was suspended for a day from school….for posting, outside of school, on his personal account, the picture of an entirely legal toy gun (It shoots plastic pellets: my son has several of them).

The people who do this kind of thing to children in violation of their rights as Americans are the same people who cheer on David Hogg while signing factually and legally ridiculous petitions. They should not be permitted to teach, and this kind of conduct ought to be punished.

Where is the ACLU? For the organization not to attack these abuses is an abdication of the organization’s mission. Continue reading

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Ethics Quiz: Bill Cosby’s Bias Argument

As Bill Cosby’s latest trial gets underway, “the Cos” and his lawyers contend that the presiding judge should recuse himself because the judge’s wife is an advocate for sexual assault victims. Judge Steven O’Neill’s wife, Deborah O’Neill, is a social worker on a University of Pennsylvania special staff that advocates for students who are alleged victims of sexual assault. According to the motion for the judge to recuse, she has donated money to a victims advocacy group that plans an anti-Cosby rally outside the courthouse during Cosby’s trial.

 

Your Ethics Alarms Ethics Quiz of the Day:

Should the political activities, public statements or occupation of a spouse be considered a sufficient conflict of interest to mandate judge’s recusal?

Continue reading

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Windy Morning Ethics Warm-Up, 3/2/18: More Supreme Court Fun, Transparency Games, Ethical and Unethical Quotes Of The Day…

GOOD MORNING!

(Wind storms all over Virginia, knocking out power and my e-mail, and blowing over a tree that narrowly missed my son’s car!)

1 Lack of Transparency? What lack of transparency? During a lecture and moderated discussion at U.C.L.A. this week in which he was a a participant and invited guest, Treasury Secretary Steven Mnuchin was heckled with hisses, jeers, shouted insults and profanity from students and protesters, some of whom were ushered and even carried out by police officers. A programmed sixth grader in the audience even questioned him about the fairness of passing permanent tax cuts for companies and expiring cuts for individuals, because as we all know, 10-year-olds are well-versed in tax policy theory.

Afterwards, Mnuchin  revoked his consent for the official video of the event to be released, perhaps because he was flustered by the harassment and it showed. In response to criticism of this virtual censorship,

The Treasury Department, through a spokesperson, said that what the Secretary did wasn’t what he obviously did—a Jumbo, aka “Elephant? What elephant?”—saying,

“The event was open to the media and a transcript was published. He believes healthy debate is critical to ensuring the right policies that do the most good are advanced.”

He just doesn’t want anyone to see or hear the debate.

A related point: The protests were organized by Lara Stemple, a U.C.L.A. law professor, and students and faculty members participated. Protests are fine; disrupting the event is not. Faculty members who assisted in the heckling should be disciplined, and students who participated should be disciplines as well.  It’s an educational institution, and all views sgould be openly explored and heard without interference. No guest of the university should be treated this way. Ever. No matter who it is or what their position. The treatment on Mnuchin was unethical.

2. More Supreme Court fun with ethics! Minnesota’s law banning “political” clothing and buttons from polling places is being challenged as an affront to free speech. The law prohibits people from wearing a “political badge, political button or other political insignia” at a polling place on an election day, and a member of the tea party movement sued after his “Tea Party” message got him in trouble when he came to vote.

Here is Justice Samuel A. Alito’s exchange with Daniel Rogan of the Hennepin County Attorney’s Office, who was defending Minnesota’s law:

“How about a shirt with a rainbow flag?” asked Alito. “Would that be permitted?”

“A shirt with a rainbow flag?” Rogan repeated. “No, it would — yes, it would be — it would be permitted unless there was — unless there was an issue on the ballot that — that related somehow to — to gay rights.”

Justice Alito: Okay. How about an NRA shirt?

Mr. Rogan: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that’s a clear indication—and I think what you’re getting at, Your Honor—

A T-shirt bearing the words of the Second Amendment? Alito asked.

Probably banned because of the gun-control issue, Rogan said.

The First Amendment? Alito asked. Probably not, Rogan answered.

Got it. The First  Amendment isn’t a political statement, but the Second Amendment is. That led Justice Neil M. Gorsuch to observe: “Under your interpretation of ‘political,’ it would forbid people from wearing certain portions of the Bill of Rights into a polling place but not other portions of the Bill of Rights. And I guess I’m just wondering what compelling interest Minnesota has identified that requires a statute that goes so much further than the vast majority of states?”

In contrast, Justice Anthony M. Kennedy asked J. David Breemer, a lawyer for the Pacific Legal Foundation, representing the challengers, “Why should there be speech inside the election booth at all, or inside the what you call the election room? You’re there to vote.”

This is a problem requiring an “all or nothing” solution. Either all forms of political speech must be allowed, or no speech at all. In a sick time where citizens honestly argue that a MAGA cap or a picture of a gun makes them feel threatened and “unsafe,” the ethical option would seem to be Justice Kennedy’s. No speech, messages, no logos, no photos, no American flags. Last fall I voted wearing my Red Sox jacket.

Uh-uh. Continue reading

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Morning Ethics Warm-Up, 2/13/18: You Can’t Get Much More Ethics Issues Variety Than This!

Good Morning!

[Mickey is really playing that piano. Boy he was amazing…]

1 A Russian Jumbo!  And it worked! In Russia, Irina Kudinova was charged with mocking the Church after she  posted a photograph that prosecutors alleged was obscene and thus constituted the “deliberate desecration of a religious object” and “insulting the feelings of believers.”   Gee, I can’t imagine why anyone would think THAT..Here’s the photo:

The judge ruled that it was merely a photo of an Easter cake and nothing more. Elephant? What elephant? Or maybe “What elephant phallus?” would be more accurate. Kudinova was awarded 20,000 rubles in a court action for false accusations.

Few cases better illustrate the principle that in Bizarro World attempts at ethical acts become unethical. The problem is that Russia has laws that discourage free speech. In order to undermine an unethical law, the judge in this case made a ruling that is obviously contrary to reality, and what anyone can see with their own eyes. If judges can ignore evidence and deny reality to protect citizens from an unjust law, then they can do the same to unjustly punish citizens who break no laws at all.

I’m happy for Kudinova, but the Russian judge is a well-intentioned ethics dunce. His solution does as much damage as good.

2. “Thanks, Mom and Dad…and bite me.” The parents of GOP Senate candidate Kevin Nicholson each gave $2,700, the maximum allowed, to the primary campaign of the Democrat their son is challenging, Senator Tammy Baldwin. Continue reading

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