“We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. The independent judiciary is something we should all be thankful for.”
What prompted his comment: After federal judge Jon Tigar of the U.S. District Court for the Northern District of California temporarily blocked the Trump administration from denying asylum to migrants who enter the U.S. illegally, the President said that the decision was a “disgrace,” adding,
“Because every case, no matter where it is, they file it — practically, I mean practically — for all intents and purposes — they file it in what’s called the 9th Circuit. This was an Obama judge. And I’ll tell you what, it’s not going to happen like this anymore. Everybody that wants to sue the United States, they file their case in — almost — they file their case in the 9th Circuit. And it means an automatic loss no matter what you do, no matter how good your case is. And the 9th Circuit is really something we have to take a look at because it’s — because it’s not fair. People should not be allowed to immediately run to this very friendly circuit and file their case. And you people know better than anybody what’s happening. It’s a disgrace. In my opinion, it’s a disgrace what happens with the 9th Circuit. We will win that case in the Supreme Court of the United States.”
This was—I don’t think it’s unfair to characterize it as “gleefully”—gleefully reported as a rare rebuke of the President by a Chief Justice.
1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:
In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification.
I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.
2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”
Here is a rare case where a Jumbo (as in Jimmy Durante’s desperate “Elephant? What elephant?” defense when caught stealing the biggest pachyderm alive in the Broadway show “Jumbo”) actually worked.
Judge Joseph Claps of Cook County, Illinois, was acquitted this week on a charge of carrying a concealed weapon into a prohibited area, reports the Chicago Tribune.
You see, a gun, or what looked like a gun and sounded like a gun when it hit the floor appeared to fall out of Claps’ jacket when he was entering the courthouse. The judge was licensed to carry, but it is still illegal to bring a firearm into the building. Sheriff’s deputies testified they believed the object was a gun, but they didn’t intervene because they weren’t sure whether the judge was allowed to have the weapon, and because, well, he was a judge.
Did Judge Claps admit he screwed up and accept the consequences like a trustworthy, honest public servant? No! He went to trial, and allowed his lawyer to argue that prosecutors couldn’t prove the “object” was a gun. ( “Gun? What gun?”) Claps’ lawyer argued that the dropped object could have been a replica or a toy. “It could have been a cap gun,” Breen said. “It could have been a water pistol. It could have been a lighter, a cigar lighter. It could have been anything.” Anything that looked like a gun sufficiently to convince the security personnel that it was a gun. And really, we all know how judges sometimes carry water pistols and cap guns into court! Continue reading →
You might as well know: I’ve been what they euphemistically call “under the weather” recently. Ethics is getting in the way of my naps…
1. About those bombs…Not much that needs to be said about the explosive devices sent to Soros, the Clintons, Obama and—it fits–CNN, except this: it was inevitable. With conservatives being harassed and attacked in public places, Fox News offices and Republican offices being vandalized, and Democratic leadership and the media openly feeding the hate while rationalizing extreme incivility ( Philippe Reines, former adviser to Hillary Clinton, on MSNBC regarding mobs harassing Mitch McConnell and others: “People are doing these things because it’s all that’s left.” Gee, I guess there were some other tactics left after all, eh, Phil?), that some unstable wacko would decide to bring a gun to knife fight was a near certainty. Naturally, the news media and Democrats want to blame Republicans for the crimes. That’s not going to defuse the situation, and it’s also wrong. The blame falls on all of those who have encouraged the rhetoric of hate and uncivil conduct rather than conducting political debate in a manner that doesn’t shame democracy.
You can make that list as easily as I can. When the Oklahoma City bombing occurred, the extreme anti-government rhetoric—by the standards of those times, at least–of the Right was fairly accorded the bulk of the blame for raising anger to a dangerous level. This time, the hate machine is being operated around the clock by the Left, and for two years without a break or a significant easing on the accelerator—indeed, it is pretty much the Democratic theme of the 2018 elections.
2. It’s a huge bat! It’s a black-robed blur! It’ SUPER JUDGE! In Chehalis, Washington, Judge R.W. Buzzard left the bench and chased after two handcuffed inmates when they made a run for it from his Washington state courtroom. 22-year-old Tanner Jacobson and 28-year-old Kodey Howard bolted for the door and down four flights of stairs, but the judge grabbed Howard just as he was about to exit the courthouse, and Jacobson was caught by police apprehended Jacobson a few blocks away.
As with the cases of bank tellers and grocery clerks who spontaneously play vigilante, the judge was exceeding his authority and interfering with law enforcement. This wasn’t his job, and is not the kind of image the judiciary wants to project. He should be disciplined, but probably won’t be.
Sheriff Rob Snaza said of the incident, “These things don’t happen very often.” No kidding. And they shouldn’t happen at all. Continue reading →
On a day when Ethics Alarms finally passed its high-water mark for followers, I thought it appropriate to plug Fark, one of the legion of sources I check every day to find ethics topics. It’s a facetious news aggregation site that links to both serious and obscure stories with gag intros, like this week’s header on a story about a recent study on Alzheimers: “The number of Americans with Alzheimers is expected to double in the next 40 years. That’s horrible, but did you hear that the number of Americans with Alzheimers is expected to double in the next 40 years?”
My dad loved that joke, and the older he got, the more often he told it, and the more ticked off my mother would be. An all-Fark Warm-Up is a good way to avoid (mostly) politics for a while.
1. I have no sympathy for this guy. Is that unethical? This is Mark Cropp:
He has “Devast8” tattooed on his face. He says that his brother did it when they both were very drunk, as if he was a non-participant. “Once it was started, I thought, I can’t go back on it now,” he has said. “I wish I had stopped while the outline was there to be quite honest.” Good, Mark. This is progress.
Cropp has been complaining for a year that his face tattoo has kept him from being hired. Would you hire him? I wouldn’t. Such high-profile self-mutilation is signature significance for a person with terrible judgment and life skills, or, to be brief, an idiot. Would you hire someone with “I am an idiot” tattooed on his forehead? Same thing.
Apparently he has been arrested and is facing charges in New Zealand, where he lives. Psst! Mark! Don’t have “I am guilty!” tattooed on your face while you are awaiting trial.
2. No sympathy, Part 2. I also have almost no sympathy for Beverley Dodds, who once looked like this…
…until decades of slathering herself in Coca Cola and baby oil while sunbathing and broiling herself on tanning beds caused her to have to battlethe effects of skin cancer for two decades, and has the skin of a reptile. (You don’t want me to post a photo of her skin. Trust me.) Like Mark above, this is self-inflicted mutilation. How sorry should we feel for someone who hits themselves in the head with a hammer every day who complains of headaches? Few public health issues have been so thoroughly publicized as warnings about long-term skin damage from excessive exposure to the sun and tanning beds.
3. No sympathy, Part 3. 24-year-old Michael Vigeant of Hudson, New Hampshire, a Red Sox fan on his way home via subway from Yankee Stadium after the Sox had lost to the Yankees (they won the next night though, thus clinching the division, and eliminating New York. Go Red Sox!) died when he tried to climb on top of a moving Metro-North train and was electrocuted by overhead wires. The resulting chaos trapped hundreds of riders more than two hours. His brother did it too, but was luckier, and train personnel got him down. Michael touched a catenary wire and was electrocuted, said MTA officials.
Now watch his family try to sue the city. I put “Don’t try to subway surf on moving trains,” “Don’t get huge tattoos on your face” and “Don’t repeatedly broil your skin” in the same category: lessons an adult should learn and has an obligation to observe. Not doing so suggests a general responsibility and commons sense deficit that is a menace to everyone, not just them. Continue reading →
1. “That Dog” Ethics. I can think of more accurate and meaner names for Omarosa than “that dog,” but then my vocabulary is larger and more versatile than the President’s…but then, whose isn’t? I have never heard of “dog” being identified as a racist term—because it isn’t one—though it is a sexist term, often used to denote an unattractive female. Nonetheless, this is presidential language, indeed gutter, low-life language that demeans a President, his office, and the nation he leads when it issues from the White House.
Among the rationalizations that suggest themselves are 1A. “We can’t stop it” (apparently not, and neither can John Kelly), 2. A. “She had it coming” (nobody short of a traitor or a criminal deserves to be attacked by the President of the United States using such language), 7. “She started it” (which is excusable if you are in kindergarten), 8A.“This can’t make things any worse” (oh, sure it can), 22. “He’s said worse” (true) and many others: I don’t have the energy to go through the whole list.
Of all the dumb, incompetent, self-inflicted impediments to doing the job he was elected to do, the Omarosa fiasco might be the worst and most unforgivable. I’m not sure: I’d have to go through that list, and not only do I not have the energy, I think I’d rather rip my eyelids off.
2. I’m sure glad the new Pope fixed all of this. This story would normally fall into the category of being so obviously unethical that it isn’t worth writing about. Moreover, Ethics Alarms had referenced the Catholic sexual predator scandals in many ways, on many occasions. What distinguishes the latest chapter in this ongoing horror is that the latest revelations are coming after all of the lawsuits, damages, mea culpas and promises of reform, and they did not come from the Church. This means that the cover-up was and is ongoing. It means that even with the thousands of children who were raped and abused that we know about, there were many more. It also means, in all likelihood, that the abuse is continuing. Continue reading →
High school wrestler and football player Logan Michael Osborn, then 18, met a 14-year-old girl at a high school play in April 2017. After the curtain fell, they went for a walk down a secluded path, where Osborn overcame the young woman, tied a belt around her neck and hands, and performed a sex act. Osborn’s defense attorneys argued that it all was consensual, but consensual or not, she was still only 14, making this statutory rape.
In September 2017, Osborn pleaded guilty to sexual assault, saying that his conduct was the result of “poor judgement.” The judge sentenced Osborn to 10 years in prison with eight years suspended on his conviction of having carnal knowledge of the girl without use of force, a felony. Osborn also had to register as a sex offender. In January, however, Chesterfield (Virginia) Circuit Judge T.J. Hauler stayed the two-year term, saying he wanted to review the case further,and this week, he revealed the result of his review. The entire 10-year sentence is now stayed, meaning that Osborn will receive no prison time at all.
At last week’s hearing, Judge Hauler asked to hear “some positive things” about Osborn so James Trent, a foreman at an electrical company where he now works, commended Osborn’s work ethic and performance, saying that “sky’s the limit” for his future. The negative things? Well, he does appear to be a habitual sexual predator, if that counts. He has been accused of engaging in inappropriate sexual conduct with girls seven previous times, including when he was 12. In that case, Osborn was charged with grabbing the genitals of another student. (The case was dismissed.) Continue reading →
1. Ethics translation time! Baseball’s current World Champion Houston Astros just traded for young, exciting closer Roberto Osuna from the Toronto Blue Jays. This raised some eyebrows, because the 23-year-old Osuna is just completing a 75-game suspension from MLB for allegedly beating his wife. The Blue Jays had decided that they wanted no part of Osuna, and that he would not be a member of their team going forward, despite the fact that he is regarded as one of the best late-inning relievers in the game.
Anticipating some criticism from Houston fans and baseball fans in general, who usually don’t like cheering for disgusting people,Astros GM Jeff Luhnow released a statement following the trade, saying,
“We are excited to welcome Roberto Osuna to our team. The due diligence by our front office was unprecedented. We are confident that Osuna is remorseful, has willfully complied with all consequences related to his past behavior, has proactively engaged in counseling, and will fully comply with our zero tolerance policy related to abuse of any kind. Roberto has some great examples of character in our existing clubhouse that we believe will help him as he and his family establish a fresh start and as he continues with the Houston Astros. We look forward to Osuna’s contributions as we head into the back half of the season.”
Translation:
“Our team has had bullpen problems all season, and as of now we have no closer, even as the team has lost three games in a row [now it’s four], two of our best players are injured, and we’re beginning a series against the Mariners, who are just a few games behind us. So in the interest of winning and because the ends justify the means, we are suspending our “zero-tolerance” policy regarding “abuse of any kind” to tolerate a player who Major League Baseball has determined to be a very serious abuser. I don’t know how we’re going to tell another player who is credibly accused of less serious abuse that we won’t tolerate his presence on the team when we just voluntarily brought an abuser onto the team, but never mind: there’s a pennant to win. I’m pretending that Roberto has complied with all consequences related to his past behavior when he is currently pleading not guilty in his pending Canadian trial on battery charges, in the hope that most fans aren’t paying attention.”
1. How prescient of me to headline yesterday’s warm-up “Deranged” before Justice Kennedy announced his retirement and the progressive/Democratic/ mainstream media/social media freakout commenced!
2. Duh. Since nobody seems to be writing about how perfectly this proves the Trump-inflicted brain damage on the Left, allow me:
Justice Kennedy is 81. As my dad used to say when he entered his 8th decade, he’s in the red zone, and can drop dead at any second. Did Democrats really assume he would keep working forever?
Their shock at this is ridiculous and unbelievable. WHAT? An 81-year-old judge is retiring?
This is a wonderful example of how people assume that everyone else thinks as they do. The Trump-Deranged have reached the point where they would saw their pets in half to undermine the President, so they assume that Kennedy feels the same way.
There is no evidence that he does, in part because, unlike Ruth Bader Ginsberg, who has periodically trumpeted her contempt for the President, he has been judicially discrete and professional.
It is per se irresponsible for an 81-year-old in a challenging job with national impact not to step down before he or she becomes incompetent, or drops dead. Scalia was irresponsible not to retire. Ginsberg should retire (she is 84). Breyer is two months short of 80: he should retire.
Outside of judges, we have multiple members of Congress, notably Pelosi and John McCain, who are being unethical by not stepping aside.
The bottom line is that nobody should be freaking out, because everyone should have been prepared for it.
3. We get it! You are vicious, juvenile, angry, rigis and irrational people. The Daily News nicely sums up the calm, analytical, reasoned reaction by the Left:
“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?
Ethics Alarms 